Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On December 17, 2008, the defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act in the military court of the Jeonju District on the last day of December, 2008. On September 30, 2009, the same court was issued a summary order of 2.5 million won or more for a violation of the Road Traffic Act. On February 11, 2010, the same court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act.
【Criminal Facts】
피고인은 2013. 8. 6. 23:38경 혈중알콜농도 0.116%의 술에 취한 상태에서 군산시 나운동에 있는 샘터장어집 식당 앞에서부터 군산시 나운동에 있는 빵굽는마을 앞 도로에 이르기까지 피고인 소유의 C 쏘나타 승용차를 운전하였다.
Accordingly, even though the Defendant had driven a drinking motor vehicle more than twice, the Defendant once again driven a drinking motor vehicle.
Summary of Evidence
1. The defendant's legal statement and the report on the status of the driver;
1. Previous convictions in judgment: Application of a copy of Acts and subordinate statutes, such as criminal records and summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;