beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 4, 2008, the Defendant received a summary order of KRW 1,50,000,000 from the Suwon District Court to a crime of violating the Road Traffic Act (drinking driving), and on March 28, 2008, a summary order of KRW 1,00,000,000 for the same crime from the same court.
On November 24, 2016, the Defendant driven a 15km-pured car in the state of alcohol concentration of 0.10% while under the influence of alcohol concentration of 0.10% in the blood. The Defendant driven a 1-pured car in the state of under the influence of alcohol concentration of 0.10% in the blood.
Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on circumstantial statements and report on control results;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the summary order);
1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning facts constituting an offense, the selection of punishment for imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case has been committed again despite the history of punishment for driving under drinking more than twice the reasons for sentencing under Article 62-2 of the Criminal Act, and the crime of this case has been committed again, the alcohol concentration in blood is considerable, the crime is recognized, the social relationship is obvious, the driving of drinking again is not to be conducted while selling a vehicle;
The sentence shall be determined as ordered in full view of various circumstances shown in the trial of this case as well as the points in the trial of this case.