Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[2] On July 10, 2009, the Defendant issued a summary order of KRW 5 million to a fine of KRW 1.5 million for a violation of road traffic law at the Suwon Friwon Friwon Friwon Friet on March 18, 201, a fine of KRW 1.5 million for the same crime in the same court on March 18, 201, and a fine of KRW 5 million for the same crime in the same court on December 17, 2014, respectively. On June 29, 2016, the Defendant was sentenced to imprisonment for the same crime and was sentenced to a two-year suspended sentence for six months in the same court.
[2] Although the Defendant had been punished on two or more occasions due to drinking driving, the Defendant was driving a C-Si vehicle under the influence of alcohol level of 0.118% while under the influence of alcohol level of 0.18%, without obtaining a driver’s license from the 2-km cafeteria in the 2nd district of the Seoul-nam Eup’s Housing Site in the Gyeongsung-nam-gu, Masung-dong, the Defendant was driving a C-Si vehicle under the influence of alcohol level of 0.118%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to the same type of crime);
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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.
The defendant is divided into and reflected in the crime of this case.
The defendant has no previous convictions of imprisonment.
There is a need for the defendant to rear three children after the divorce.
Circumstances unfavorable to the defendant are as follows:
While the defendant was driving under the influence of alcohol, he did not comply with the drinking control and caused an accident that meets the road boundary seat.
Even though there was a history of criminal punishment several times due to drinking driving, as stated in the judgment of the defendant, the crime of this case has been committed again, even though there was a history of criminal punishment.
In addition, the above circumstances include the Defendant’s age, sex, career, environment, background and result of the crime, and the circumstances after the crime.