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

Punishment of the crime

[criminal history] On November 18, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on October 29, 2015, the Defendant was sentenced to a fine of KRW 6 million for a crime of violation of the Road Traffic Act (drinking driving) in the support of the Sugwon Ggwon method, etc. on October 29, 2015. On June 14, 2017, the Gwangju District Court sentenced 10 months to imprisonment for a crime of violation of the Narcotics Control Act (diceing) at the Gwangju District Court on June 14, 201, and completed the execution of the sentence on November 14, 2017.

[ 범죄사실] 피고인은 2018. 4. 15. 22:45 경 통영시 광도면 죽림 리에 있는 골프 연습장 근처 도로에서부터 같은 리에 있는 주영 더 팰리스 4차 아파트 앞길에 이르기까지 약 50m 의 구간에서 혈 중 알콜 농도 0.210% 의 술에 취한 상태로 C 포터 화물차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report of a driver driving a drinking, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and investigation report;

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

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under law: Imprisonment with labor for not less than six months nor more than three years;

2. Although the defendant in the decision of sentence was a pro rata crime, he/she committed the crime of this case only for five months after the execution of the sentence is terminated, he/she committed the crime of this case in the range of five months, with a high alcohol concentration in blood, and four times of fines for the same kind of crime. Among them, it is inevitable to sentence sentence in light of the fact that there is a possibility that not only the defendant himself/herself but also another person's life and property may be harmed by causing a traffic accident while driving under the influence of alcohol on the same occasion,

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