beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 14, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court, and on July 1, 2014, the Defendant was issued a summary order of three million won for the same crime at the same court, and on January 30, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the same court.
On April 10, 2019, at around 21:36, the Defendant driven an E Car under the influence of alcohol concentration of about 150 meters at a distance of about 150 meters from D ridges located on the road near Ulsan-gu B building, Ulsan-gu, Seoul-do, with alcohol concentration of 0.172%.
As a result, the Defendant, who violated the prohibition of drunk driving regulations not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records: Criminal records, investigation reports, and application of Acts and subordinate statutes attached to the same kind of power judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the facts constituting an offense [election of imprisonment]
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is divided after the crime was committed by the defendant. However, even though the records of punishment for driving without a license without a license can be included in the suspended sentence, the degree of drinking, the fact that the degree of drinking does not be light, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc., the sentence of sentence like the order is inevitable for the safety of other transport participants as well as the defendant.