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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On December 2, 2009, the Defendant was sentenced to ten months of imprisonment for a crime of fraud in the Daejeon District Court Sejong District Court House, and was released on August 13, 2010 in the Daejeon Prison on parole on September 29, 201 and the parole period expired on September 29, 201.
【Criminal Facts】
On July 12, 2013, at around 22:00, the Defendant driven a C-owned vehicle under the influence of alcohol with a blood alcohol content of about 0.09% from the section of approximately 9.6 km to the front road of the guest house located in Pyeongtaek-si, Pyeongtaek-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual status of a drinking driver, and a report on the actual status of a drinking driver;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. In addition, as stated in the first head of the judgment in sentencing Article 35 of the Criminal Act, the Defendant committed the instant crime during the repeated crime period as stated in the judgment, and the Defendant committed the instant crime without being able to obtain a fine of three million won due to a violation of the Road Traffic Act in the Support of the Daejeon District Court on October 22, 2010 when the period of repeated crime is in force since 2000, and 3 million won due to a violation of the Road Traffic Act in the Support of the Daejeon District Court on January 5, 201; 2.5 million won due to a violation of the Road Traffic Act in the Support of the Daejeon District Court on January 5, 201; and on November 27, 2011, without being able to obtain a fine of two million won due to a violation of the Road Traffic Act (license without a license) and without being able to obtain a fine of three times or more due to the same offense. Therefore, the Defendant’s sentence of this case is inevitable.
However, in consideration of the various sentencing conditions shown in the record, such as the fact that the defendant recognized the crime and reflected, and again, the fact that the defendant does not drive under the influence of alcohol, and disposes of the vehicle, the punishment as ordered shall be determined.