beta
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
[criminal history] On September 12, 2014, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s House on September 12, 2014, and a fine of one million and five hundred thousand won for the same crime at the same court on September 22, 2015, respectively.
[2] On September 20, 2017, the Defendant driven a B K5 vehicle while under the influence of alcohol content of about 0.075% from the 1km section to the front road of the same Ri, namely, “friend and friend vehicle,” which is 06:20 on Sep. 20, 2017, in the direction of 0.075%.
Accordingly, the Defendant, even though he violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of a reply to inquiry, such as criminal history, and the application of a summary order under Part II of the Act and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 observation and to take into account all the factors of sentencing, including the fact that there are two or more criminal records due to drinking driving in a short period for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that there are many criminal records, the fact that the crime is divided, the number of drinking, the reason for driving drinking, and the occupation and age of drinking;