A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 11, 2008, the Defendant was sentenced to a suspended sentence of three years and six months by imprisonment for a violation of the Road Traffic Act, etc. at the Cheongju District Court on December 11, 2008, and on May 17, 2010, the Defendant was sentenced to a fine of four million won by a violation of the Road Traffic Act (driving without a license). On August 17, 2012, the same court was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act (driving without a license) and the sentence became final and conclusive on August 12, 2012.

Criminal facts

At around 03:20 on May 14, 2014, the Defendant, while under the influence of alcohol of 0.123% 0.123% of blood alcohol level, started from the road in front of the Amphan in the border of the Hacheon-si, Gyeonggi-do, and driven a DNA vehicle at approximately 200 meters from the section of approximately 200 meters from the front and rear of the Haak-gu, Haak-si to the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents, accident site and vehicle photographs;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Previous convictions: Application of Acts and subordinate statutes, such as criminal records and written judgments;

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 penalty, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the confession of a criminal act and the reflection thereof) is that the defendant confessions and reflects the criminal act, and the fact that the defendant has a family member to care is favorable to the defendant.

However, in 208, the defendant, who had been punished for the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) and special robbery, committed again the crime of this case in the same kind in the year of 2008 by taking into account the circumstances prescribed in Article 51 of the Criminal Act, such as the suspension of execution three years and six months, the violation of the Road Traffic Act (driving without a license), the violation of the Road Traffic Act (driving without a license), the violation of the Road Traffic Act (FF) in the year 2010, the violation of the Road Traffic Act (FFF) and the violation of the Road Traffic Act (FFF).