beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 19, 2007, the Defendant issued a summary order of 500,000 won to a fine for a violation of the Road Traffic Act at the court of flooding method, and on August 13, 2008, the Defendant was sentenced to a suspended sentence of 2 years for a violation of Article 44 (1) of the Road Traffic Act at the Suwon District Court for a violation of the Road Traffic Act.
On July 23, 2015, at around 23:00, the Defendant driven the B-learning car at the section of about 5 km to the 273 km road, from a restaurant under the mutual influence in Suwon-gu transfer-dong, Suwon-si, Suwon-si, Suwon-si, Suwon-si, in a state of alcohol alcohol concentration of 0.168%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking-free driving control and drinking driving control;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records, replys, summary orders, etc.;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The fact that the amount of alcohol alcohol is not low for the reason of sentencing in Article 62-2 of the Criminal Act, the fact that there are no circumstances to consider driving circumstances, driving distance is long, the defendant's reflects the fact that the defendant involved in driving, three previous convictions related to driving (including one case of suspended sentence of imprisonment). However, considering the various circumstances that these previous convictions are prior to July 2008 and are subject to sentencing conditions such as family letter, punishment shall be determined as ordered by the order.