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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] On November 14, 2014, the Defendant was sentenced to four years and six months of imprisonment for robbery in the Daegu District Court Kimcheon Branch, and completed the execution of the sentence in the Busan Prison on February 10, 2019.
[Criminal Facts] On January 31, 2013, the Defendant was a person who had been issued a summary order of a fine of five million won due to the violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-si branch of the Daegu District Court on January 31, 2013, and operated the E rocketing car under the influence of alcohol content of about 0.045% from the front road in the Gumi-si B on June 20, 2020 to the front road of D apartment in the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (report on repeated crimes and confirmation of drinking records);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under Articles 35 and 55(1)3 of the Criminal Act for a repeated crime is relatively low. However, the crime of this case is that the defendant was punished for robbery and bodily injury in 2014 and committed during the period of the repeated crime. The defendant was punished for a violation of the Road Traffic Act in 2001 and was punished for a fine of KRW 5 million for the same and different crimes, and several times for the same kind of crimes under the Road Traffic Act in 2001. The defendant was punished for a violation of the Road Traffic Act in 2001. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined by taking into account all the conditions of the sentencing in this case.