Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On October 10, 2007, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and on April 20, 2016, and issued a summary order of KRW 3 million on June 17, 2016 by the above court.
【Criminal Facts of Crimes】 On April 30, 2016, the Defendant driven C 100 meters away from the roads front of the instant vessel located in the Sejong-si Sylle of Jeju-si to the roads front of the police box located in the Sylle of Jeju-si at Jeju-si, while under the influence of alcohol at around 0.175% of alcohol level, at around 13:39.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. Previous convictions indicated in the judgment: The application of Acts and subordinate statutes to details of case standing, such as a statement of criminal records, a statement of previous dispositions, a report on results of investigation, a copy of indictment, etc.;
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. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for the suspended sentence") was that the defendant was sentenced to a fine on October 10, 2007 due to a violation of the Road Traffic Act (driving) on the grounds of the suspended sentence, etc., and the defendant committed the crime of drinking driving in this case at least 10 days thereafter even though he was controlled by the crime of drinking under the influence of alcohol on April 20, 2016. In light of the fact that the defendant committed the crime of drinking under the influence of alcohol, and that the blood alcohol concentration of the defendant at the time of the crime above, the defendant
However, the defendant is led to the crime of this case, the defendant driven the otob, not a motor vehicle, at the time of the crime of this case, and the driving distance is relatively short, the sentencing example in similar cases, and other age, character, conduct, environment, and crime.