beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On May 10, 2010, the Defendant was sentenced to a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Suwon District Court on May 10, 201, and on November 7, 2016, the same court issued a summary order of KRW 4 million as a crime of the same crime, and has been punished twice or more as a crime of violating the Road Traffic Act (drinking driving).
On April 5, 2018, at around 01:51, the Defendant driven a three-meter-based motor vehicle with alcohol content of approximately 1.5 meters at approximately 0.145% while under the influence of alcohol at approximately 0.145% in front of the convenience store in Pyeongtaek-si Eup, Pyeongtaek-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62(1)(C) of the Act on the Suspension of Execution does not correspond to the punishment in light of the nature of the reason for sentencing, the degree of the driving force of drinking alcohol, etc., but the liability for the crime is recognized and contradictory, the fact that there is no record of criminal punishment exceeding the fine for the same kind of crime, the defendant's age, sex, environment, circumstances leading to the crime, the circumstances after the crime, etc. shall be comprehensively considered, and the punishment as set forth in the order shall be determined as above.