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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On July 5, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on July 5, 2013, and was sentenced to imprisonment for one year and two years of suspended execution from the same support on January 26, 2016.
Although the Defendant was punished for drinking driving two times on May 28, 201, at around 16:01 on May 28, 201, the Defendant driven an Esch Rexton car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.184% from the 50-meter section to the front road of the D convenience store in the summer-si.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (in relation to the application of the Dmark formula to additional drinking after a suspect's accident), investigation report (in relation to the amount of additional drinking alcohol as a suspect), and investigation report;
1. Previous convictions for drunk driving: Inquiry letter, summary order, and application of the statutes governing the original judgment;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s criminal records (the existence and frequency of the same affiliated military power, and the same criminal records around January 2016, etc.), the nature of the instant crime, the degree of the Defendant’s blood alcohol concentration at the time of driving the instant crime, the circumstances leading to the control of the instant crime, the circumstances after the instant crime, and whether the Defendant’s reflection was committed, etc., and the various sentencing conditions indicated in the instant records and arguments shall be comprehensively considered.
It is so decided as per Disposition for the above reasons.