Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On January 25, 2008, the defendant was notified of a summary order of 2.5 million won for the violation of the Road Traffic Act (driving) in the Daejeon District Court's branch on January 25, 2008. On September 11, 2009, the defendant was sentenced to a suspended sentence of 2.5 million won for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) by the Chuncheon District Court.
【Criminal Facts】
At around 18:30 on January 6, 2014, the Defendant driven a motor vehicle of approximately 100 kilometers from the front of the house to the entrance road of the Yannam Village located in the Yannam-gun, Gangwon-do, Gangwon-do through the Johnsi-si, the Defendant driven a motor vehicle of approximately 00 kilometers in approximately 00 kilometers, while under the influence of alcohol content of 0.170 percent in alcohol.
As a result, the defendant was a person who driven a drinking motor vehicle more than twice, and driving the motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached reports, such as a copy of the same type of electric power judgment);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order lies in an unfavorable circumstance, such as the fact that the defendant was committed two times in the same criminal records, and that the defendant expressed his intention of reflectivity while attempting to commit the instant crime. Such circumstances include blood alcohol concentration, character and character, environment of the defendant, and other circumstances revealed in the argument process of the instant case, the punishment as ordered shall be determined by taking into consideration equally the following factors
It is so decided as per Disposition for the above reasons.