beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On March 3, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court on March 3, 2008, and on June 30, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act.
On July 13, 2017, at around 20:20, the Defendant driven CM5 car from a space industrial company located in Yong-gun, Young-gun, Young-gun, 1673 in the direction of Yong-gun, Young-gun, Seoul, to approximately 7 km away from approximately 3km away from the 3km-ro 167-ro, Young-gun, Young-gun, Young-gun, the Defendant driven CM5 car while under the influence of alcohol content 0.185% while under the influence of alcohol during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on driving of alcohol, the ledger of driver's license, response to inquiries, such as criminal history, and the application of Part III of the Judgment;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant recognized the instant crime and reflects the fact that there is a family member to support; (b) on the other hand, the Defendant has already been punished several times for the same kind of crime; and (c) in particular, even if the Defendant was sentenced to a suspended sentence of imprisonment for the same crime as indicated in the judgment, he again committed the instant crime during the suspended sentence, and the blood alcohol concentration at the time of committing the instant crime reaches a considerable amount, taking into account each extenuating circumstance, such as the fact that the Defendant committed the instant crime