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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 31, 2007, the defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on June 17, 2009, the defendant was sentenced to a fine of 2 million won for the same crime at the same court on June 17, 2009, and was in violation of Article 44 (1) of the Road Traffic Act on more than two occasions.
On January 4, 2015, at around 23:35, the Defendant driven a C string vehicle in approximately 753 meters from the front of the water-source vehicle inspection station, which is located in the area of 1,00,00,00 in the Suchip cring Station, under the influence of alcohol by 0.154% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving;
1. Previous record of judgment: Application of a reply to criminal records, a criminal investigation report (the same type of power and the report on the confirmation of the case in progress of a trial);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was punished three times by a fine for violating the Road Traffic Act, and the defendant was sentenced to a suspended sentence for six months by this court.
However, even though the court was prior to the defendant on the grounds of the defendant's reflectivity, the defendant did not know about the warning of the defendant's wife, and again committed the crime of this case while the appellate trial on the above judgment was pending.
In this respect, sentence is inevitable.
However, the period of imprisonment shall be six months which are the lowest amount of punishment after discretionary mitigation, taking into account the circumstances that form various sentencing conditions, such as the defendant's home condition, work place, etc.