Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 4, 2014, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspension of execution at the Daejeon District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act. On April 12, 2014, the sentence became final and conclusive on April 12, 2014, and is currently in the period of suspension of execution. On January 9, 2014, the Defendant was sentenced to 7 million won of fine at the Chungcheong District Court for the same kind of violation of the Road Traffic Act.
On September 24, 2014, without obtaining a driver's license at around 05:20 on September 24, 2014, the Defendant driven a 500-meter Etop vehicle from the front of the Ecuasbbbb in the Ecoo-gu Heung-dong, Chungcheongnam-gu, Hoju to the front distance of the members apartment in the same Dong under the influence of alcohol level of 0.09%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a manual for control;
1. Registers of driver's licenses;
1. Previous records: Criminal records and other inquiries, investigation reports, court rulings, and application of summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the principle of good faith.
However, the defendant has already been subject to criminal punishment for the same kind of crime several times, and the defendant has committed the crime of this case during the suspension of execution due to the same crime.
Considering these circumstances, the sentence of sentence is inevitable to the defendant.
However, in consideration of the defendant's age, character and conduct, family relationship, blood alcohol concentration, etc., the punishment shall be determined as ordered.