도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
【Criminal Power】 On December 31, 2008, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act, etc. at the Chuncheon District Court on December 31, 2008, and on June 3, 2010, the same court sentenced six months of imprisonment for the same crime, etc., and completed the execution of the sentence in the Chuncheon Prison on December 3, 2010.
【Criminal Facts】 On May 5, 2013, at around 21:05, the Defendant driven Ccoon-line cargo at approximately 0.113 % of blood alcohol concentration at the section of approximately 2.3km from the KIN to the parking lot for the postal service driving range located in Mancheon-si, Macheon-si to the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Investigation report (report on confirmation of the distance of driving)
1. Previous records: Criminal records, investigation reports (report attached to attached records, written judgments, etc.), personal records and confinement status, respective written judgments, and application of summary order Acts and subordinate statutes;
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. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant reflects the crime and scraps a vehicle driven under the influence of alcohol.
On the other hand, the defendant is sentenced to a punishment and a fine for the same crime, and there are unfavorable circumstances such as the driving again during the period of repeated crime of the same crime, the distance of driving under the influence of alcohol and the significant amount of drinking alcohol.
In these circumstances, the defendant's character, environment, and health conditions as well as the various circumstances shown in the proceedings of this case shall be determined as ordered in consideration of the text.
It is so decided as per Disposition for the above reasons.