beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On September 10, 2010, the Defendant was sentenced to a suspended sentence of six months to imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the official support of the Daejeon District Court on September 10, 201, and two years for a suspended sentence of four months in the same court.
【Criminal Facts】
On November 23, 2018, at around 15:26, the Defendant driven a motor vehicle with Dent Pestest D in the state of alcohol alcohol concentration of about 1.5km from the front side of the cafeteria, “C” to the front side of the intersection in the Gongju-si, Gongju-si.
As a result, the Defendant, who violated the prohibition of drunk driving regulations not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, and application of four-minutes of judgment;
1. There are extenuating circumstances that Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts, the blood alcohol concentration at the time of the crime subject to sentencing of imprisonment with labor was not significantly high, and that the person did not repeat the crime for a considerable period of time.
However, the defendant had six times of the same crime and last two times of the crime, which was committed, was sentenced to the suspension of the execution of imprisonment, but the criminal was committed again.
In other words, there is no room to place the Defendant on the part of the Defendant.
The sentence of imprisonment shall be imposed, and the sentence shall be determined as ordered, comprehensively taking into account the aforementioned circumstances and the defendant's age, character and conduct, environment, occupation, and various sentencing conditions shown in the trial process.