Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On August 6, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Jinwon District Court's Jinju branch. On May 13, 2009, the same court was sentenced to a fine of KRW 1.5 million for the same crime. On August 23, 2010, the Changwon District Court issued a summary order of KRW 5 million for the same crime. On October 20, 2010, the Defendant was issued a summary order of KRW 5 million for the same crime in the Jinwon District Court's Jinju branch. On December 30, 2010, the Defendant was sentenced to imprisonment of KRW 4 months and 2 years for the same crime. On February 10, 2011, the court was sentenced to a fine of KRW 5 million for the same crime.
【Criminal Facts】
On March 21, 2013, at around 06:00, the Defendant driven a Brano-car from the 700M section to the front of the Corporation’s signal unit located in the same Dong, as the Defendant was under the influence of alcohol of 0.081% of blood alcohol content at around 06:00.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. On-site photographs;
1. Criminal records, each judgment, and application of each summary order under 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. Sentence the same sentence as the disposition is imposed in consideration of the fact that a person was sentenced to a suspended sentence of imprisonment for a crime of the same kind for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., blood alcohol concentration) and again repeats the same crime during the suspended period even if the person was sentenced to a fine for repeating the same crime during the suspended period;