[criminal history] On December 8, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the official branch of the Daejeon District Court on December 8, 2008, and on September 14, 2012, the Defendant was issued a summary order of KRW 3 million as an identical crime in the same court.

[2] On March 24, 2018, the Defendant: (a) was a person who violated the provisions of the Road Traffic Act that prohibit the driving of a motor vehicle under the influence of alcohol twice or more, and (b) was driving a motor vehicle in B SP-type under the influence of alcohol at approximately 1.5 km from the front of the bus stop to the front road of the Nom 1.5 km, located in the front of the bus stop at around 30-3 main street 1:50 on March 24, 2018, to the front road of the Nom 1:63 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same criminal record and confirmation of the suspect);

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. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of driving have already been two previous drivers of drinking alcohol.

Although the Defendant was sentenced to a fine for minor punishment, the Defendant was driving under the influence of alcohol again, and the degree of drinking at the time of the previous crime or the instant crime is not somewhat weak.

It is not reasonable to sentence a fine or a suspended sentence of imprisonment in consideration of the circumstances favorable to the defendant, or the defendant's behavior of drinking driving in addition to drinking driving.

Therefore, the sentence of imprisonment with prison labor is imposed on the accused. The sentence is based on a comprehensive consideration of the following factors: the interval between the past and the instant crime, the blood alcohol level at the time of each crime, and the age, occupation, sex, family relationship, circumstances before and after the crime.