Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On May 22, 2007, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On August 10, 2009, the Defendant was issued a summary order of 700,000 won for a crime of violating the Road Traffic Act (driving), and on April 6, 2010, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (driving), and on July 2, 2013, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act (driving) and was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (driving) in the same court on July 2, 2013.
[Criminal facts] On June 9, 2017, around 14:50, the Defendant driven a bale car from the ancient field located in the Dong-gun, Seocheon-si, Seocheon-si to the non-state market located in the same Dong, and from approximately 2 km to the Rishes road located in the Gu-Si, Sejong-si, the Defendant driven a B bale car with the alcohol concentration of 0.241% during blood while under the influence of alcohol from around 2 0.241%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant had the same record as several times for sentencing, and the record of probation was also again committed the instant crime in the name of two times. The drinking volume of the instant case is relatively high.
Considering this point, it is inevitable to sentence the defendant as a sentence.
However, in consideration of the fact that the defendant is led to confession and all other factors of sentencing as shown in the trial of this case, the punishment shall be determined as per the order.