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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal history] The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on February 19, 2014), and a summary order of KRW 2 million for the same crime in the same court on January 6, 2015, respectively. On October 26, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court on October 26, 2017.
[2] Although Defendant 1 violated the prohibition on drinking alcohol driving at least twice, Defendant 2 driven C-car at a section of about five meters on the street of the parking lot in Suwon-gu, Suwon-si, Suwon-si, around June 16, 2018, while drinking alcohol leveling 0.162% during blood again.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Notification of the results of driving measurement, driving measurement, and regulating drinking;
1. An accident scene photograph;
1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction of each disposition, reporting on the result thereof, and applying statutes attached to a summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
The defendant has no previous convictions of imprisonment.
The defendant is short of the distance from the vehicle in the parking lot.
It is clear that the social relationship of the defendant is clearly and is in the scheduled marriage.
Circumstances unfavorable to the defendant are as follows:
The Defendant caused a contact accident in the course of committing the instant crime (the Defendant had no driver’s license at the time of committing the instant crime). The Defendant seems to have been under the influence of alcohol as much as he/she did not drive without a fluence even though he/she opened a fluence in the process of not driving by a female-friendly group.
The defendant is driving twice as stated in the record of the crime in the judgment.