beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 16, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the same court on September 13, 2013, for the same crime as a crime of violating the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) in the support of the Chungcheong District Court.
Although the Defendant had had the same history of driving under the influence of alcohol twice again, the Defendant driven a B-wing and cargo vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.085% from the front side of the Central University, which was down on October 31, 2015, to the front side of the same steel path, which was under the influence of alcohol, without obtaining a driver’s license, around 23:57 on October 31, 2015.
As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing pursuant to Articles 53 and 55(1)3 of the Criminal Act, and six times of punishment due to driving without a license for the reason of sentencing, committed the instant crime during the suspension period of execution of the same crime.
Furthermore, drinking driving leads to three times.
Therefore, in consideration of the fact that the sentence is inevitable, but there is no criminal conviction until the sentence, and that there is a family member to support, the sentence is sentenced to a mitigated sentence than the lower limit of the statutory penalty.