Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] The defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on August 29, 2006, and was sentenced to a summary order of KRW 3.5 million for the same crime in the same court on December 20, 2007, and was sentenced to a summary order of KRW 5 million for the same crime in the same court on December 3, 2008, and was sentenced to a summary order of KRW 5 million for the same crime in the same court on November 6, 2009. The defendant was sentenced to a fine of KRW 5 million for the same crime in the Chuncheon District Court on October 18, 2012, and was sentenced to a suspended sentence of KRW 3 million for one year for the same crime in the Jeju District Court on October 26, 2012, which became final and conclusive on October 26, 2012.
【Criminal Facts】
On February 24, 2015, at around 23:25, the Defendant driven B K7 car under the influence of alcohol concentration of approximately 0.094% from the section of approximately 50 meters, from the front of the new town, which is in the short-term drive of nuclear power, to the front road of the CU group store in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on detection of the driver, report on the circumstances of the driver, and report on the status of the driver's license;
1. On-site photographs;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of 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 leads to six times the criminal records already punished for drunk driving.
In particular, after being sentenced to a three-year sentence of imprisonment for a drunk driving in 2012, one year of suspended sentence was sentenced to a three-year sentence, and the first instance court was sentenced to a fine in the appellate court, but the sentence was sentenced to a fine in the appellate court, which caused a traffic accident while driving under the influence of alcohol during the suspended sentence.
However, the defendant's mistake is against the defendant, and the distance of drinking driving is relatively short.
. These circumstances.