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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for the purpose of obstruction of performance of official duties in the Jeju District Court's original branch on August 22, 2018, and the judgment becomes final and conclusive on August 30, 2018 and is still under suspended execution.
【Criminal Facts】
On June 3, 2011, the Defendant is a person who violated the obligation under the Road Traffic Act that may not drive a motor vehicle under the influence of alcohol on at least two occasions by receiving a summary order of a fine of KRW 3 million from the same court due to the same crime, etc. in the original state branch of the Chuncheon District Court on December 3, 2011.
On October 25, 2018, at around 00:04, the Defendant driven a Maz car from around 100 meters away from the roads near the “C” restaurant located in the original city B in the original city to the same city D while under the influence of alcohol by 0.260%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, response to requests for appraisal, written appraisal of blood alcohol, and reports on each investigation;
1. Application of statutes concerning criminal records;
1. Although there are favorable circumstances to the defendant, such as the fact that the defendant's reasons for sentencing under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act for the crime at issue, there are two times the previous crime and the defendant did not know even though he was under the period of suspended execution due to this previous crime (the defendant committed the crime at least two months even though he was under the prior disposition of suspended execution on August 22, 2018) and the crime at issue was committed in this case, considering that the nature and circumstances of the crime at issue are very heavy, and the motive and circumstances of the crime at issue, circumstances after the crime, the defendant's age, occupation, family relation, health status, etc., are considered as follows: