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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On December 16, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 2 million for the same crime in the same court on May 3, 2010. On May 10, 2013, the Defendant was sentenced to a suspended sentence of KRW 10 million for the same crime in the same court.
[2] On August 12, 2016, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.088% from the 6km section to the 295 inspection distance, from the roads in front of the Geum-si 27-do Geum-si, Geumwon-si, the same Sinwon-si, Seogwon-do, Seocheon-do, 295, the Defendant driven a coo car in the state of under the influence of alcohol content of the blood.
As a result, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Before judgment: Application of Acts and subordinate statutes, such as inquiry of criminal investigation career data, investigation report (verification of the same kind of force), and summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: The circumstances favorable to the defendant committing the instant crime even though he/she had been sentenced four times to a fine for driving under drinking, or one-time imprisonment with prison labor for which the execution has been postponed, and even if he/she had the record of having been sentenced one time, shall be determined as ordered by the order, taking into account all the factors such as the above circumstances and the defendant’s age, sex, environment, circumstances of the instant crime, means and consequence, etc.