beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal history] On July 4, 2008, the Defendant was issued a summary order of a fine of 4 million won for a violation of road traffic law at the Suwon Friwon, etc. On January 18, 2012, in the same court on the same offense, etc., the Defendant was sentenced to a suspended sentence of 6 months and 2-year imprisonment with labor for the same offense, etc. at the same court on March 20, 2014, respectively.
[Criminal facts] On July 7, 2018, the Defendant driven D Launa car under the influence of alcohol leveling 0.187% from the Do in front of C in Young-gu, Suwon-si, Suwon-si, and around 07:0,000, to the new street in front of the 38-3 old old old 38-dong, the Defendant driven Dworka car under the influence of alcohol leveling 0.187%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Photographs inside the skin driver's vehicle and at the time of detection;
1. Previous convictions: Application of attached Acts and subordinate statutes, such as a reply to inquiries, written judgments, etc. including criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
The instant crime did not cause any personal and material damage.
After committing the instant crime, the Defendant seems to have been diagnosed to have received a certificate of alcohol alcohol, and to have received medical treatment.
In the course of operating the branch and the company, the defendant is in a position to support the mother's parents.
Circumstances unfavorable to the defendant are as follows:
The defendant was divingd in the vehicle while driving alcohol, and the alcohol concentration in blood at the time is considerably high by 0.187%.
As stated in the records of the crime, the Defendant, as well as the punishment of imprisonment and the suspension of the execution of imprisonment with prison labor, was driving again under the influence of drinking, even though there were several criminal records.
The age of the defendant, as well as the above circumstances.