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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 30, 2013, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Jeju District Court on July 30, 2013, and a fine of six million won for a crime of violating the Road Traffic Act in the same court on September 18, 2014.
On February 9, 2017, around 18:18, the Defendant driven C Lasta car with alcohol content of about 0.05% in alcohol on the road of about 100 meters from the front of the mutually influent restaurant in the North Korean industrial complex in the west-dong to the front of the Sejong Motor Vehicle Industrial Complex in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Relevant photographs;
1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. To observe the protection and surveillance, and to take into account all the various sentencing conditions specified in the instant argument with the reason for sentencing under Article 62-2 of the Criminal Act, in particular, taking into account the following circumstances into account: The favorable circumstances: the degree of reflection, and the circumstances that there is no record of criminal punishment exceeding the fine: A second offense even if having been punished several times for the same crime