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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On August 16, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by the Suwon District Court, and on June 18, 2008, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on June 18, 2008, and was released on June 30, 2009 during the execution of the sentence on parole on September 11, 2009.
On August 20, 2012, around 03:40, the Defendant driven CMW car while under the influence of alcohol content of 0.161% at the section of approximately 300 meters from the alley-dong, Gangnam-gu, Seoul to the front line of 131-4.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of an employee;
1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes (No. 10) of inquiry reports and investigation reports;
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. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the defendant was punished five times as a drunk driving, and in particular, in 2008, he was sentenced to a prison term and had his prison life under the influence of alcohol in 0.161% before the period for repeated crime expires, a more severe warning is required for the defendant to the effect that he was driving under the influence of blood alcohol concentration of 0.161% before the period for repeated crime begins.
Provided, That in determining the punishment of a defendant, the circumstances leading up to the operation of the defendant, the distance and speed of the vehicle, the situation of the road at that time shall be considered as favorable conditions, and the punishment as ordered shall be determined in consideration of the age, home environment, etc. of the defendant.