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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 9, 2016, at around 07:20, the Defendant driven B observer car with approximately 2 km alcohol concentration of about 0.159% without a car driver’s license from the 2km section from the 3rd-gu Seoul Mine-dong to the death distance from the South-do University located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished several times due to driving under the influence of alcohol.
In particular, on October 1, 2015, the Gwangju District Court sentenced two years to a suspended sentence of 4 months for the crimes of violation of the Road Traffic Act in the Gwangju District Court on October 1, 2015, which became final and conclusive on October 9, 2015, and committed the instant crimes without being aware of the fact during the suspended sentence period.
It is inevitable to sentence sentence in light of such unfavorable circumstances.
However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.
In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).