The punishment of the accused shall be determined by four months of imprisonment.

Punishment of the crime

[Criminal Power] On July 25, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dggravated Punishment, etc.) at the Jeonju District Court, and the judgment became final and conclusive on November 6 of the same year.

【Criminal Facts】

On May 12, 2019, at around 02:51, the Defendant driven c, under the influence of alcohol concentration of 0.161%, at the section where the distance from the insane of the Yansan-gu, Pungsan-si to the preceding road of the same Gu cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and report on the results of the drinking driving control;

1. Previous convictions in judgment: Status of investigation, list of related cases, judgment, application of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Three months to six months of imprisonment with prison labor within the applicable range of punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The defendant's blood alcohol concentration is high at the time of committing the instant crime.

- The Defendant, as stated in its reasoning, committed a traffic accident while driving under influence.

Although only the defendant is a sole accident, it can be seen that there was a considerable risk to road traffic safety.

- The defendant has previously been subject to criminal punishment for the same kind of crime, and has a record of having been subject to criminal punishment, such as suspending the execution of imprisonment with prison labor for a variety of times.

The crime of this case also committed during the period of probation of imprisonment.

e.beliable;