Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2] On July 18, 2006, the Defendant was sentenced to a suspended sentence of a fine of one million won for a crime of violating the Road Traffic Act (drink driving), a fine of one million won for the same crime in the same court on November 17, 2008, and a summary order of three million won for the same crime in the same court on May 22, 2009, respectively. On April 22, 2010, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.
[2] On September 15, 2018, the Defendant driven a C-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing, “A-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing” (hereinafter “A-Wing-Wing-Wing-Wing-Wing”) at around 02:0, the Defendant drivens a C-Wing
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the history of measuring the drinking alcohol and the results of regulating the drinking driving;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each summary order, and application of the text of the judgment;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. As indicated in the record of the crime in the judgment of the reasons for sentencing Article 62-2 of the Criminal Act, the Defendant had been punished four times or more for drinking, etc., and one of them was subject to the prior action of suspended execution.
However, the defendant driving a vehicle under the influence of drinking, and the crime of this case is not suitable for the nature of the crime.
Since the necessity of strict punishment is sufficient for the defendant's act, the defendant's act is to be punished by imprisonment, and 8 years have passed since the suspended sentence was sentenced due to drinking driving, and he has been subject to any investigation or punishment.