A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On July 21, 201, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court, and two years for a suspended sentence of eight months for the same crime in the same court.

【Criminal Facts】

On April 4, 2019, at around 18:02, the Defendant driven C cargo vehicle while under the influence of alcohol more than 0.05% and less than 0.1% of alcohol content at a section of about 1k from the front day of the Gyeyang-gu Office located in 135-8 to the farming route located in B from the front day of the Gyeyang-gu Office in Ansan-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated his duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. Report on the state of drinking drivers, notification on the results of the control of drinking driving, and making an inquiry into the enemy;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation increases the risk to citizens' traffic safety and thus the necessity of strict punishment is high, the distance of drunk driving is relatively short, the defendant recognizes and seriously reflects his/her mistake, the defendant's criminal records, blood alcohol concentration, circumstances leading to his/her drunk driving, the distance and place of drunk driving, the circumstances leading to the crackdown on the instant crime, the defendant's age, character and conduct, environment, health conditions, the motive and result of the instant crime, and all of the sentencing factors shown in the pleadings, such as the circumstances after the commission of the crime.