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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 28, 2010, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on December 28, 2010, and was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court on November 9, 2012.
On March 23, 2015, at around 00:45, the Defendant driven Cho-do car while under the influence of alcohol content of about 0.108% at the section of about 10km from the 10km to the front of the Cheong-do Office located in the Cheong-do Office, Cheongcheon-ro, Cheongcheon-si, Seoyang-gu, Seocheon-si, Seocheon-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the state of drinking drivers, and making the results of crackdown on drinking driving;
1. Records of previous judgments: Criminal records, etc., inquiry reports, investigation reports (report attached to decisions on driving alcohol twice), summary orders, and application of respective statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) although the Defendant had a record of being punished for driving under the influence of alcohol several times, he/she also driven under the influence of alcohol.
In particular, as the defendant was under the direct control of two suspended sentence due to drinking driving within the last five years, it is inevitable to sentence the sentence on the ground that he was under the control of two suspended sentence, and was under the influence of drinking.
However, in full view of the fact that the defendant is against the nature of the crime of this case, and the motive, means and result of the crime of this case, circumstances after the crime, age, character and conduct of the defendant, family environment, etc., the sentence of punishment as ordered is imposed as above, but there is no reason for detention such as fear of escape, etc. Therefore, the statutory detention is not required