A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

① On May 17, 2012, the Defendant rendered a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, ② on August 29, 2013, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act; ③ on September 26, 2014, the same court was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act; and on May 16, 2017, the Daegu District Court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (or a violation of the Narcotics Control Act), and completed the execution of the sentence in the original prison on July 9, 2018.

Nevertheless, at around 00:45 on August 16, 2018, the Defendant driven a DNA rocketing car with the blood alcohol concentration of about 0.107% in the section of about 19km to the front of the C apartment at the same time on the roads in front of the Dongdong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking driving, and investigation into the actual condition;

1. Each report on investigation;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was punished several times due to drunk driving as stated in the facts; and (b) the Defendant was sentenced to a suspended sentence of imprisonment, even if he/she was sentenced to a suspended sentence

In addition, as stated in its reasoning, sentence is inevitable for committing a repeated crime during the period of punishment.

Accordingly, the circumstances that the defendant led to the driving of the case in this case, driving distance, driving distance, drinking level at the time of the crackdown, etc., and the fact that the defendant recognized his mistake and reflects his depth, and that he faithfully supports the old-age who is not good health, shall be considered as favorable circumstances, and the age, character, environment, motive, means and result of the crime.