Text
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
around 23:30 on October 10, 2015, the Defendant driven a motor vehicle with alcohol content of approximately 0.194% 0.194% under the influence of alcohol on the side of the Korean power station in Seo-gu, Seo-gu, Seosungdong from around 1k to the road in the Southern-gu, Seo-gu, Gwangju.
On October 28, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court on October 28, 2015, and on October 10, 2015, the Defendant violated Article 44(1) of the Road Traffic Act, such as drinking.
On October 17, 2015, at around 02:05, the Defendant driven a B-hurbhn car with approximately 200 meters alcohol concentration of 0.107% in blood while under the influence of alcohol, from the front day of the mutual influent drinking house in Blackdong in Gwangju Mine-gu to the roads near the “Yhonam-dong” in the same Gu.
Summary of Evidence
[2015 Highest 4588]
1. Statement by the defendant in court;
1. A traffic accident report, a report on the detection of a primary driver, and a report on the circumstances of a primary driver [the senior 4731 high group 2015];
1. Statement by the defendant in court;
1. A survey report on the actual condition, a report on the detection of a driver with the main driver, a report on the circumstantial situation of the driver with the main driver, and an investigation report (with respect to the application of the aforementioned d
1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and results of confirmation, application of the indictment, and application of the text of the judgment;
1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of self-driving on October 10, 2015 as indicated in the holding), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of self-driving on October 17, 2015 as indicated in the holding), and each choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that drinking has been driven three times only in 2015, and the blood alcohol concentration is high.