beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act in the support of the Suwon District Act on June 18, 2008, and a fine of 10,000 won as a same crime in the same court on March 26, 2015, and the same court on February 18, 2016 has the record of being sentenced to imprisonment of 10 months and a suspended sentence of 2 years for the same crime.
On February 2, 2019, at around 00:41, the Defendant driven DK5 cars while under the influence of alcohol content of about 0.059% from the front day of the CUnion located in the original city, to around 2644 of the same city north-ro and about 4km.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Previouss before and after judgments: Criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records, etc. - Three copies of the judgments);
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 is a crime with high recidivism rate.
Considering the fact that the statutory penalty has been continuously aggravated due to serious social harm caused by drinking driving and changes in the legal sentiment of the general public, there is a need to strictly punish the drinking driving crime.
D. Unfavorable circumstances: (a) even though there was a record of the suspended sentence of imprisonment on February 26, 2016, the Defendant committed the instant crime after the expiration of the suspended sentence period, and (b) there is a high risk of recidivism.
The favorable circumstances: The defendant is closely against the crime of this case, and is endeavoring to dispose of the vehicle to prevent recidivism.
At the time of the instant crime.