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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 10, 201, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court’s Dong Branch, and on November 21, 201, the Defendant was a person who violated the provision on the prohibition of drinking driving on two or more occasions after being sentenced to imprisonment with prison labor for the same crime from the above subsidization on May 18, 201, and two years after suspension of execution for one year for the same crime from the above subsidization on May 18, 2012, and on October 8, 2014 with prison labor for the same crime on two or more occasions.
On January 20, 2018, at around 00:14, the Defendant driven a B-type car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.066% in blood from the front line of the middle-gu Busan Metropolitan City to the south-do fishing road located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered favorable to sentencing): All, including all the facts stated in the facts constituting the crime in the judgment, have the record of identical crimes at least five times. In particular, even if one of them was sentenced to a suspended sentence of imprisonment, the two of them is more favorable to the fact that the instant crime was committed again: the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are all considered, and the sentence is determined as ordered by the order.