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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On June 18, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million with the same crime at the Cheongju District Court on December 26, 2007, and the same court issued a summary order of KRW 1.5 million with the same crime, etc. on December 26, 2007. On May 14, 2015, the Defendant was sentenced to a suspended sentence of six months with imprisonment with prison labor for the same crime.
【Criminal Facts of Crimes】 Around 15:00 on August 25, 2018, the Defendant driven a e-learning car under the influence of alcohol 0.177% alcohol concentration at approximately 3.5km from the front road of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the front road of D elementary school located in Heung-gu, Seo-gu, Seoul.
Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. On-site photographs;
1. Previous records of judgment: Criminal history records, investigation reports, judgment, application of each summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The sentencing conditions indicated in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act.
At the time of the crime of this case, the defendant's blood alcohol concentration was very high, the defendant had been punished three times due to drunk driving, and the last previous criminal record was led to a stay of execution.