A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 22, 2014, the Defendant issued a summary order of a fine of three million won to a crime of violating the Road Traffic Act at the Incheon District Court on September 2, 2014, and was sentenced to a suspended sentence of two or more times on May 19, 2016 by the Incheon District Court for the same crime, etc.

On December 12, 2017, 02:01, 02:01, the respondent driven a Fysta car under the influence of alcohol content of 0.130% while under the influence of alcohol from the imprisony road to the 66-1 business Round road in Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the result of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, a copy of a report and the result of confirmation of the previous conviction of the disposition, a report on the results of confirmation of the previous conviction of the judgment, a copy of a summary order, and a resident inquiry;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the crime of this case is that the defendant, who had been already punished twice or more due to driving of alcohol, drives a vehicle again, and the nature of the crime is not less than that of driving of a vehicle again. The defendant, even though he was under suspension of the execution due to the same kind of crime, has not been aware of the crime, and driving of this case in this case without being aware of it. The degree of alcohol concentration in the blood at the time of detection of this case exceeds 0.130%, and driving of this case is a crime with high risk of causing harm to another person's life, body, etc., and thus there is a need for strict punishment against the defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, the fact that the defendant did not proceed to the violation of traffic-related Acts and subordinate statutes other than drinking driving, and the person and his family wished to the defendant's prior wife, and the defendant is also again.