beta
Text
A defendant shall be punished by imprisonment for six 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
[criminal power] The Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving on March 12, 2009) from the Jung-gu District Court Goyang Branch on March 12, 2009, and received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving on October 27, 2015) from the Goyang Branch Branch Branch on March 27, 2015 and received two times of drinking driving skills.
【Criminal Facts】
On September 15:57, 2016, the Defendant driven a C-wing vehicle while under the influence of alcohol content of about 0.174% at a section of about 200 meters from the front of the Handong-gu, Manyang-si to the Goyang-si, Manyang-si, Goyang-si, Goyang-si.
As a result, although the defendant was punished not less than twice due to drinking driving, he was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
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 under Article 62-2 of the Criminal Act was that the Defendant was driving under influence of alcohol three times due to the instant crime.
Blood alcohol concentration is very high.
However, there are no criminal records other than those of the same kind, which are against the defendant and punished by a fine.
In addition, the sentencing conditions identified in the records and trial process of this case, such as the motive and background of the crime, shall be determined as per the order.