Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 3, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on July 3, 2009. On February 28, 2012, the same court was sentenced to a fine of 3.5 million won for the same crime. On November 13, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and suspension of execution for the same crime in the same court.
Criminal facts
On December 28, 2014, at around 14:30, the Defendant driven a DNA car from approximately 700 meters away from the 700-meter section of the Marine Corps into the front road of the Hanju-si, Jinju-si, Jinju-si, Jeoncheon-si, in a state of alcohol alcohol concentration of 0.067%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has already been punished three times due to drunk driving as stated in the facts constituting a crime. Furthermore, even though a drunk driving is in the period of suspension of execution due to a drunk driving, the Defendant was again under the influence of alcohol driving in this case.
Therefore, it is difficult for the defendant to take more action and sentence of punishment is inevitable.
However, in consideration of the fact that the defendant repents his mistake, the fact that the drinking water in this case is relatively low, and that there is a family member to support, etc., a lower sentence that can be sentenced shall be imposed.