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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Defendant on October 31, 2007, at the Cheongju District Court Jeju Branch of October 31, 2007, the same month
8. A sentence of a fine not exceeding 1.5 million won for a violation of the Road Traffic Act (driving) and the same year in the same court on May 12, 2009.
3. A sentence of a fine not exceeding 1.5 million won for a violation of the Road Traffic Act committed by 28. The same year in the court on May 6, 2010.
2. A person who has been sentenced to a suspended sentence for 6 months due to a violation of the Road Traffic Act by 22.
On March 9, 2013, around 20:38, the Defendant driven B rocketing car under the influence of alcohol content of about 5 km from the front line of the Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, to the front line of the Handong Han-dong, 237-9, 237-9, at the same time, while under the influence of alcohol content of about 0.202%.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. Previous convictions in judgment: Inquiry letter-criminal history, investigation report (Attachment of summary order, etc.), two copies of summary order, one copy of judgment, and application of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that even though the defendant had a record of being sentenced to a suspended sentence due to a drunk driving, the period of the suspended sentence is not long, and it is inevitable to sentence the defendant on the ground of a discretionary driving.
However, the defendant's mistake is divided, and all of the sentencing conditions shown in the argument of this case have been taken into account, and the defendant has been sentenced to the same punishment as the order after having reduced the amount of punishment.