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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Daegu District Court on June 8, 2006, and was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act. On December 3, 2009, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act in the Seo-gu District Court’s branch branch on December 3, 2009, and was sentenced to a suspended sentence of 2 million won for a crime of violating the Road Traffic Act at the Daegu District Court on October 29, 2012, and was sentenced to a summary order of 2 million won for a crime of violating the Road Traffic Act at the Daegu District Court
【Criminal fact-finding on November 20, 2016, the Defendant driven a car (SM7) with a 0.193% alcohol concentration in the blood while under the influence of alcohol at approximately 10k away from the road in front of the Gyeongwon-won Hospital located in the Daegu-gun, Seowon-gu, Seowon-gu, Seowon-gun, Daegu-gun, to the road in front of the Seowon-won Hospital located in the Daegu-do.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the driver who takes charge;
1. Investigation report (related to a violation of drinking regulations);
1. Previous conviction: A reply to inquiry, summary of the case, and application of the text of the judgment, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is so decided as per Disposition by the assent of all participating Justices on the bench, taking into account the following: (a) the sentence to suspend the execution of a sentence for the same kind of crime for the purpose of sentencing under Article 62-2 of the Criminal Act, including the sentence to be sentenced to a suspended sentence of imprisonment for the same kind of crime; and (b) the degree of alcohol concentration during the blood transfusion is high and the responsibility of the sentence is bad, health status, the background of the crime, and reflects against it; and