A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Power] On March 5, 2009, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act at the Seoul Northern District Court on June 2009, and was sentenced to a suspended sentence of six months at the Seoul Northern District Court on February 10, 2010, due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving) at the Seoul Northern District Court on February 10, 201, and the said suspended sentence was invalidated. On February 11, 2011, the Defendant completed the execution of each of the said suspended sentence.

【Criminal Facts】

피고인은 2013. 5. 17. 22:20경 안성시 공도읍 만정리 ‘해물찜닭’ 식당 앞 도로에서부터 안성시 공도읍 만정리 ‘애니카랜드’ 앞 도로에 이르기까지 약 100여m 구간에서 혈중알콜농도 0.155%의 술에 취한 상태로 C 아토스 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records reports;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize the crime of this case and reflect in depth the mistake and to dispose of the vehicle driven at the time of the crime, even though the defendant had a majority of the records of punishment for drunk driving, the defendant committed the crime of this case in addition, even though he was sentenced to a punishment for drunk driving and driving without a license, and was sentenced to a punishment for the crime of this case in spite of his repeated crime during the period of the punishment, and it is inevitable to sentence the defendant in light of the high level of drinking water of this case.

However, the above circumstances are all the conditions for sentencing, such as the defendant's age, character and conduct, family relationship, occupation and environment, etc., as well as the family members who support the defendant.