Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 4, 2019, at around 03:15, the Defendant driven CK5 cars with approximately 500 meters alcohol concentration 0.221% under the influence of alcohol at the section of about 500 meters from the Do in the vicinity of the Sinju-si, Chungcheongnam-gu, Chungcheongnam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to the report on the inspection of occurrence of the case, the report on the results of the drinking driving control, the report on the circumstantial statements of drinking drivers;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); imprisonment with labor;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (such as the fact that there is no different class of force from once) showed a view of law, such as the fact that the Defendant again commits the instant crime at the time when the period of the same suspended sentence was too much much, and that the drinking volume is very high.
However, there is no other force except once, and the distance of drinking driving is relatively short, and the defendant's age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined in consideration of the circumstances after the crime, etc.