beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 15, 2009, the Defendant was sentenced to a fine of KRW 2.5 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on August 29, 2011.
Notwithstanding the aforementioned criminal records, the Defendant driven around 06:43 on August 9, 2015, a part of approximately 200 meters from the 34th day of Ulsan Nam-gu’s salary month to the same industrial tower traffic in front of the same industrial tower, while under the influence of alcohol content of 0.078%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he had the record of being punished four times due to drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.
It is the sentencing factor favorable to the defendant that the defendant has the criminal history above the suspended sentence, and that the defendant has no criminal history above the suspended sentence.
In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the sentence shall be determined as per the order and the execution of the sentence shall be suspended, but community service and compliance driving lecture shall be ordered.