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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On September 27, 2007, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 20, 2009, and sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving), etc. at the Seoul Central District Court on July 20, 2009, and on April 21, 2010, at the Seoul Central District Court, sentenced to a fine of 6 months for a violation of the Road Traffic Act (driving), and sentenced to a suspended sentence of 2 times or more for a violation of the Road Traffic Act (driving).
While the Defendant was under the influence of alcohol content 0.139%, from March 12, 2014 to March 22:30, 2014, the Defendant driven a motor vehicle with Cown at approximately 300 meters away from the Do near the “BHC Kin” located in Goyang-gu, Soyang-gu, Seoyang-gu, Seoyang-gu, 209-3.
Summary of Evidence
1. Statement by the defendant in court;
2. Inquiry the results of the drinking driving control;
3. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act of the option of punishment;
2. Article 62 (1) of the Criminal Act;
3. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed the instant crime even though he/she had been punished several times due to drinking driving in the past, the drinking driving is likely to cause serious human and physical harm, and the fact that the crime is bad, is an element for sentencing unfavorable to the defendant.
On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes and reflects all the facts charged in the instant case, the fact that the defendant suffers from depression and has family members to support.
Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.