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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On July 30, 2007, the Defendant was sentenced to a fine of KRW 700,000 for the crime of violation of the Road Traffic Act at the Changwon District Court, which was sentenced to a summary order of KRW 2.5 million for the same crime in the same court on August 4, 2008. On January 22, 2009, the same court was sentenced to a suspended sentence of KRW 8 months for the same crime. On December 1, 2011, the same court was sentenced to a suspended sentence of 2 years for the same crime of violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of 2 years for 4 months for the same court on December 9, 2011.
【Criminal Facts】
On April 28, 2013, the Defendant, while under the influence of alcohol of 0.121% of blood alcohol concentration, driven from the backway of “a shotfra,” located in the window gire road in Changwon-si, Changwon-si, to the frontway of the name plaza in the same gire-dong, the Defendant driven Cpoter, spoch spores, and to the frontway of the name plaza in the same gire-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and a drinking instruments for a drinking driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and reports attached to judgments) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Considering that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant's wrong recognition and reflects the defendant's wrong recognition of the reasons for sentencing, the defendant has been punished several times as the crime of drunk driving. In particular, considering the fact that the defendant committed the crime of this case in the same case even though he was under suspension of execution due to the crime of violating the Road Traffic Act (Refusal of Drinking Measures), it is inevitable to sentence a sentence for a considerable period of time in consideration of the fact that the defendant committed the crime of this case in the same case, even though he was under suspension
It is so decided as per Disposition for the above reasons.