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

Punishment of the crime

On August 26, 2010, the Defendant was sentenced to a suspended sentence of 8 months at the Suwon District Court for a violation of the Road Traffic Act. On April 7, 2011, the Defendant was sentenced to a fine of 6 million won at the Suwon District Court for a violation of the Road Traffic Act.

In addition, on March 28, 2012, the Defendant sentenced the Suwon District Court to six months of imprisonment for violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence on October 10, 2012.

On September 28, 2014, at around 19:35, the Defendant driven a Category B Ma motor vehicle while under the influence of alcohol content of about 0.236% from around the front of the convenience store where the trade name in Suwon-si, Suwon-si is unknown, to the front of the convenience store where it is difficult to identify the trade name in the Northwest-gu, Suwon-si, Suwon-si, the 17-ro, 22-o, in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of running a motor vehicle under consideration, a report on the status of running a motor vehicle under consideration, and a record repository;

1. Previous records of judgment: Application of criminal records, circular statements, personal identification and confinement status, court rulings, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The defendant shall be punished by imprisonment with prison labor, considering the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished five times due to drunk driving, and in particular, the defendant commits the instant crime during the period of repeated crime, etc.

In addition, the period of imprisonment with prison labor, along with the foregoing circumstances, shall be set by eight months after the statutory punishment is mitigated in consideration of various sentencing conditions, such as the fact that the defendant is against nature, and that the amount of blood alcohol is significantly high.