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A defendant shall be punished by imprisonment with prison labor for three months.
Reasons
Criminal facts
On July 16, 2018, the Defendant driven a 50 meters section of B 50 meters away from the 3rd-way road located in the Do-Eup Do-dong, Haak-gun, Haaknam-gun, to the front-way road of the police box located in the same Eup/Myeon, while under the influence of alcohol content 0.199% during blood transfusion.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantities is that the accused has been punished for a crime of violating the Road Traffic Act at least three times.
Among them, the above crimes and the violation of the Road Traffic Act (unlicensed Driving) shall be punished by imprisonment for 4 months at the same time, and there is a power of being sentenced to a stay of execution for 2 years.
However, as the defendant has committed a crime of violating the Road Traffic Act by drinking alcohol while driving a motor vehicle, it is difficult to achieve the purpose of punishment or a suspended sentence for the defendant.
Although the judgment of the suspended sentence of the above imprisonment was long, in light of the fact that the defendant once again drives drinking after the lapse of time despite the prior action of the suspended sentence, the possibility that the defendant will drive again while living in the future cannot be ruled out, and there is no possibility that the citizens who will not live in the future.
Therefore, the defendant is sentenced to imprisonment as a punishment corresponding to his responsibility.
However, the criminal records of the defendant, including the criminal records of the suspension of the execution of the above imprisonment, have been less than 15 years ago, and the defendant is old and has good health.