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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 30, 2009, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act (driving) at the Busan District Court on March 30, 2009, and on June 9, 2010, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving).
On November 15, 2012, at around 21:05, the Defendant driven Cpoter vehicle while under the influence of alcohol with a blood alcohol concentration of 0.183% at the time of the city in the East-si, the East-gu, Busan, Busan, under the influence of alcohol level 0.183%.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the defendant had a record of criminal punishment several times prior to his or her driving under the influence of alcohol (the sentence of suspended execution was rendered twice). In addition, it is necessary to punish the defendant strictly in light of the following: (a) the defendant committed the instant crime of the same kind; (b) the quality of the crime is not good; (c) the person driving a vehicle in the state of detention with the blood alcohol concentration of 0.183%; and (d) the revision of the Road Traffic Act strengthened the punishment for the crime of drinking alcohol by the revision of the Road Traffic Act.
However, it is decided as per the Disposition in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant's mistake is contrary to the defendant's permission, the age, character and conduct, environment, and circumstances after the crime.