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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 1, 2006, the Defendant was issued a summary order of KRW 1.5 million by a Jeju District Court for a violation of the Road Traffic Act, and such summary order was finalized on January 19, 2007. On December 4, 2014, the above court issued a summary order of KRW 4 million as the above crime, and the summary order was finalized on December 19, 2014. On September 28, 2016, the above court was sentenced to imprisonment of KRW 2 years for the said crime, which became final and conclusive on October 5, 2018.
On September 12, 2018, the Defendant was under the influence of alcohol of 0.131% of blood alcohol concentration at around 06:18, and the Defendant driven D Rain car at approximately seven kilometers from the pentaeng-Eup in Jeju-si to the Cusb in Jeju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the state of driving under the influence of alcohol, investigation report (report on the state of the driver under the influence of alcohol), and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal history records, investigation reports, and statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the crime of this case was driven under the influence of alcohol, and the nature of the crime is not less than that of the crime. The defendant was issued by Jeju District Court on December 1, 2006 a summary order of KRW 1.5 million on January 19, 2007 at the Jeju District Court, which issued a summary order of KRW 1.5 million on December 4, 2014. On December 19, 2014, the above court issued a summary order of KRW 4 million as the above crime and issued such summary order on December 19, 2014, and on September 28, 2016, the summary order became final and conclusive. On October 6, 2016, the above court was sentenced to a suspended sentence of imprisonment for two years with prison labor for the above crime, which became final and conclusive on October 6, 2016 (a relatively unfavorable period of execution).