Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal Power] Violation of the Road Traffic Act (Drivinging in 2009): A fine of 1.5 million won (driving in 2015): A fine of 1.5 months (driving in 2015): imprisonment with prison labor; a fine of 2 years (criminal fact); the Defendant was under the influence of alcohol level of 0.084% without a driver’s license; the Defendant was under the influence of alcohol level of 0.084%; and around 00:08 September 12, 2018, from the front of a cafeteria high school adjacent to the Chigh School located in Kimhae-si B to the front apartment road at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Application of statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation: Imprisonment with prison labor for one year: The degree of unpaid blood alcohol for a low period of six months, the risk of driving without obtaining a license, accumulated previous convictions for the same kind of punishment (six times in total = confessions, dependants (the wife, out of university students, and children), poor rehabilitation, etc.;