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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 11, 2008, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Incheon District Court on February 11, 2008; on September 1, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seocho Branch of the Chuncheon District Court on September 1, 201; and on May 25, 2016, the Defendant was sentenced to imprisonment for 1 year and 2 years of suspended execution.
As above, the Defendant was a person who has violated Article 44(1) of the Road Traffic Act twice or more, and was driving C-bows under the influence of alcohol at approximately 0.161% of alcohol level from the fluoral area in Gangdong-gu Seoul Metropolitan Government to the 800m section from the fluoral area in the street of the same Gu to the balth of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, and report on the results of the control of drinking driving;
1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to a summary order, etc. of the same kind of case);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: (a) the Defendant committed the instant crime even though he had the record of suspended sentence of crimes related to drunk driving, as stated in the judgment of the court below, even though he had been sentenced several times of punishment, as stated in the records of the crime record; (b) a drunk driving is at risk of causing unexpected conduct to another person’s life and family as well as his own, by raising the possibility of traffic accidents; and (c) a defendant’s blood alcohol concentration was relatively high: A favorable circumstance that is favorable to the Defendant’s mistake; (b) the above circumstances are seriously against the Defendant; (c) the background of the instant drunk driving; and (d) the circumstances after the crime, etc.; and