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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
(Crime) On June 15, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the original Chuncheon District Court’s original branch on the grounds of the violation of the Road Traffic Act. On August 17, 2012, the above court issued a summary order of KRW 5 million for the same crime. On July 23, 2013, the above court was sentenced to a suspended sentence of KRW 10 million for the same crime.
(Criminal) On April 2, 2016, the Defendant driven a C low-speed car under the influence of alcohol content of approximately 0.152% from the 3km section up to the front road, i.e., the alcohol content of which is approximately 0.152%, at around 22:50 on April 2, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same kind of force), and other relevant Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, once again driven alcohol despite the fact that he had been punished three times due to drinking alcohol driving.
However, the defendant reflects the wrongness of the defendant.
The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.