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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On August 30, 2012, the Defendant issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on August 30, 2012, and on September 24, 2014, the Seoul East East District Court sentenced the Defendant to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on September 24, 2014, and the said judgment was finalized on October 2, 2014
【Criminal Facts】
On August 2, 2016, at around 06:10, the Defendant driven a C control passenger car under the influence of alcohol concentration of 0.232% in the section of approximately 3 KKm of blood alcohol from the Meine hotel of Gangnam-gu Seoul Metropolitan Government to the private road.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Control note;
1. Notification of the result of crackdown on drinking drivers;
1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment of criminal records of the same kind of driving under the influence of a suspect);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had been subject to criminal punishment on several occasions, including a criminal record of suspended sentence due to drunk driving, etc., but again run the instant drunk driving during the period of suspended sentence. The blood alcohol concentration level is higher than 0.232%. Considering the same kind of crime committed by the Defendant repeated as well as the attitude of disregarding the legal order, the Defendant’s sentence is inevitable.
Provided, That the punishment shall be determined as per the order in consideration of the fact that the defendant is against his/her gender and other circumstances, such as the age and environment of the defendant.