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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On December 17, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Seo-gu District Court Branch Branch of the Daegu District Court on December 17, 2012, and on June 18, 2015, the same court was sentenced to two years of suspension of execution for the same crime, which was sentenced to two years of imprisonment for the same crime, and on December 11, 2018, the same court was sentenced to two years of suspension of execution for the same crime of obstruction of performance of official duties, which became final and conclusive on December 19, 2018, and is currently under suspension of execution.
【Criminal Facts】
On May 6, 2019, around 00:28, the Defendant driven F SG125 Obab while under the influence of alcohol concentration of about 0.173% at the 30-meter section from the front of the “C convenience store” road in Daegu Seo-gu B to the front of the “E” road located in D.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and Acts and subordinate statutes;
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 sentence shall be determined as ordered by taking full account of all the circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of the instant case, including the following: (a) one time of a fine due to drunk driving, the two times of a suspended sentence; (b) the crime during the suspended sentence is the one who has already been punished by a fine twice; (c) the person who has already been punished by a fine two times during the suspended period; and (d) the person who is a drunk driving