Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On October 18, 2007, the Defendant was sentenced to imprisonment with prison labor for 8 months, suspended sentence two years, and imprisonment with prison labor for the same crime at the Changwon District Court on February 16, 2012, and on January 10, 2013, the Defendant was sentenced to imprisonment with prison labor for 8 months, for violation of the Road Traffic Act (unborn Measures after Accidents) at the Changwon District Court's Changwon Branch on January 10, 2013, and the execution of the sentence was completed at the Changwon District Court on September 11, 2013.
【Criminal Facts】
Although the Defendant had been under punishment twice or more for the violation of the Road Traffic Act, the Defendant driven a Cmecon vehicle in the section of about 1 km from the road before the 1km Maintenance Road located in the Sin Chang-gun, Chang-gun, Chungcheongnam-gun, Seoul, to the front road of the Sin Chang-gun, Seoul, under the influence of alcohol at around 0.075% of the blood alcohol concentration on March 18, 2014, even though he had been under the influence of punishment for the violation of the Road Traffic Act (driving).
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 convictions indicated in judgment: Application of criminal records and investigation reports (applicable to the current status of personal identification and confinement);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment;
1. In view of the fact that the Defendant committed the instant crime even though he/she had a number of same crimes with the reason for sentencing Article 35 of the Criminal Act among repeated offenders, it is inevitable to severely punish the Defendant.