Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On March 12, 2015, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with labor for a violation of road traffic law at the Seoul Southern District Court.
On May 27, 2015, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on May 27, 2015, and completed the enforcement of the sentence on October 12, 2015. On September 16, 2015, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act (driving) at the Incheon District Court.
On August 9, 2018, at around 22:45, the Defendant driven a D low-speed car at approximately 0.132% alcohol level in the 50m section from the front of the volunteer fire brigade in the way of 27 Dondo-ro 6-8, Dong-gu, Incheon, Incheon, to the 55-7 Dondo-ro 35 Dondo-ro, the same Gundo-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver (A);
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and the search of the case (Do 15675, 2015), by statutes;
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. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment was each punished by a fine in 2002, 2006, and 2009 for a violation of the Road Traffic Act, and was sentenced to a suspended sentence for one year in 2015, and was sentenced to a fine again for a crime during the suspended sentence for 2015.
Despite continuous punishment and preference, there is no room for justification because drinking again was done during the period of repeated crime, and drinking is low.
sentence shall be pronounced.
In full view of the above circumstances, the punishment as ordered shall be determined as above.