beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 13, 2012, the Defendant received a summary order of a fine of KRW 4 million due to a violation of road traffic law (drinking driving) from the Incheon District Court’s Branch Branch on August 13, 2012, and on April 3, 2014, the Defendant received a summary order of KRW 5 million due to the same crime, etc. from the Seoul Southern District Court.
On November 25, 2015, the Defendant, while under the influence of alcohol of 00:05, driven a vehicle with approximately 1 km-packed vehicle from the front of the road in front of the Kimpo-si Kimpo-si, Kimpo-si to the first lane on the road in front of the "Seopo-si Oil Station" located in the Kimpo-si, Kimpo-si, Kimpo-si, without receiving the transport of the vehicle under the influence of alcohol content of 0.125%.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. The circumstantial report of the driver of a vehicle driving, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200
1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);