beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 30, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Western District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 2.5 million by the same court on July 18, 2012. On April 18, 2013, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for the same crime.
At around 22:40 on August 27, 2015, the Defendant driven a BM5 vehicle under the influence of alcohol concentration of approximately 300 meters from the front of the restaurant in which it is impossible to identify the trade name in the original drive of the Goyang-gu, Goyang-gu, Goyang-si to the shooting distance in front of the river in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report, a notice of the results of the control of drinking driving, and a report on the situation of drinking drivers;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that it causes an accident while driving a motor vehicle while under the influence of alcohol, in particular, even if a person was placed prior to the suspension of the execution of imprisonment on April 2013, the sentence is inevitable in light of the fact that the person caused an accident while driving a motor vehicle while under the influence of alcohol.
However, considering the fact that the defendant shows the appearance of reflection, and it is difficult to see that the alcohol value of this case is high, the sentencing data favorable to the defendant shall be considered, and the punishment shall be determined like the order, comprehensively taking into account all kinds of sentencing conditions, such as the time gap with the crime immediately discovered, the age, character and conduct, environment, family relationship, motive and circumstance of the crime, and the details of the crime.