A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On December 16, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on September 28, 201, the Defendant was sentenced to a suspended sentence of 2.5 million won for eight months for the same crime in the same court. On November 7, 2013, the Defendant was sentenced to a suspended sentence of 2.5 months for the same crime at the Busan High Court.

피고인은 2018. 6. 12. 22:03 경 광주 북구 두암동에 있는 샛별 초롱 어린이집 앞 도로에서부터 같은 구 면앙로 187-1에 있는 소망 치과 앞 도로에 이르기까지 약 500m 구간에서 혈 중 알코올 농도 0.063% 의 술에 취한 상태로 B 스타 렉스 승합차를 운전하였다.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of regulating driving of drinking alcohol (No. 3 times the evidence list);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including a copy of the judgment attached to the confirmation of the driving force of the suspect's drinking);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the criminal records as indicated in the judgment, and the Defendant has been punished five times in total or for drinking driving since 2002, among which one of them is suspended of execution, and one of them is sentenced to a suspended sentence.

However, the defendant driving a motor vehicle without reflection and with drinking alcohol. The crime of this case is not good, and it is difficult to see that the defendant's risk of recidivism is low.

Even if considering favorable circumstances such as the fact that the defendant acknowledges and reflects all his mistake, it is necessary to again sentence imprisonment with prison labor for the defendant's act.

In the above circumstances, the alcohol concentration and the circumstances leading to the driving of alcohol.