A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On April 18, 2012, the Defendant was sentenced to six months of imprisonment by the Suwon District Court for a violation of the Road Traffic Act, etc. On October 17, 2012, the Defendant completed the execution of the sentence. On July 22, 2009, the Defendant was sentenced to a suspended sentence of two years in prison for a violation of the Road Traffic Act in the same court on July 22, 2009.

【Criminal Facts】

On April 14, 2015, at around 18:20, the Defendant driven a G 3 truck while under the influence of alcohol content of about 0.172% from a 200-meter section from the front of the plastic house, which is located in E, to the front of the dwelling of the Defendant in F, to the front of the dwelling of the Defendant in F.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual status of a host driver;

1. A criminal investigation report (Confirmation of the details of the report);

1. Criminal records as stated in the judgment: Criminal records, etc. inquiry reports, investigation reports ( repeated crimes, previous records, and confirmation), copies of judgment, and application of Acts and subordinate statutes to the current status of individual identification and confinement;

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 that the defendant has been punished for a violation of the Road Traffic Act in several times, even though he/she had the record of being punished for a repeated crime due to the above crime, he/she again drives the instant crime during the period of repeated crime, and even a high drinking level is higher, and thus, the defendant is sentenced to imprisonment with prison labor.

However, in consideration of the fact that the defendant recognized the crime, the distance of the defendant's driving is short, and the age, character and conduct, environment, etc. of the defendant, the punishment as ordered shall be determined.