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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 14, 2014, the Defendant received a summary order of KRW 1 million due to a violation of the Road Traffic Act, and issued a fine of KRW 3.5 million due to the same crime in the same court on July 30, 2014, and on March 24, 2017, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of KRW 10 million in the same court on the same crime on at least two occasions.
On November 9, 2018, around 21:15, the Defendant driven a FMW car in the state of alcohol alcohol concentration of about 0.10% at the section of about 30 meters from the Do in front of the C neighboring parking lot in Scheon-si B to the Ethy road in D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (report attached to the same type of power), two copies of judgment, and application of two copies of summary order Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the grounds for sentencing choice of imprisonment with labor;
1. The scope of punishment by law: One to three years of imprisonment;
2. No sentencing criteria shall be set;
3. The Defendant, as stated in the judgment of the court below, was sentenced to a fine for a violation of the Road Traffic Act (driving) on April 14, 2014, and a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) on July 30, 2014, and was sentenced to a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) on July 30, 2014. However, on December 8, 2016, the Defendant was sentenced to a sentence of imprisonment for six months at the District Court of Jung-gu on December 8, 2016, and was sentenced to a sentence of a fine on March 24, 20
Nevertheless, the defendant again committed the crime of drinking alcohol in this case. In light of the frequency of drinking alcohol driving, distance, punishment power, etc. mentioned above, it is necessary to punish the defendant strictly.
In light of the above unfavorable circumstances, the defendant seems to have committed against the defendant.