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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 10, 2009, the defendant was issued a summary order of 1.5 million won as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on December 10, 2009, and 2.5 million won as a fine in the same court on November 11, 2010.
【Criminal Facts】
On May 6, 2014, at around 22:15, the Defendant walked the starting operation of CNAS car, which was parked under the influence of approximately 0.15% of blood alcohol concentration on the front of the mobilization childcare center located in the same Dong-dong at the same time, and driven approximately 2 meters in the front and rear.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Mitigation of discretionary mitigation (the following favorable circumstances among the reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of these circumstances);
1. The sentencing of Article 62-2 of the Criminal Act, including the fact that the defendant for the reason of sentencing and attending the course of probation and attending the course has a record of being punished for the same kind of crime, etc., recognized his mistake and his depth is pened, the defendant does not repeat the crime even after disposing of the vehicle, and the driving distance is short, shall be determined as ordered by the sentencing factors in consideration of all the kinds of sentencing factors.
It is so decided as per Disposition for the above reasons.