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

Punishment of the crime

[criminal history] On January 3, 2007, the Defendant was punished by a fine of 500,000 won for a violation of the Road Traffic Act (dacting driving) by the Busan District Court on the 11st of the same month, and punished by a fine of 1.5 million won for a violation of the Road Traffic Act (dacting driving) in the Busan District Court Branch Branch of the Busan District Court on the 11st of the same month, and on January 24, 2014, the Defendant was sentenced to a suspended sentence of 1 year and 6 months

2.1. A person whose judgment has become final and conclusive and is currently in the grace period.

[Criminal facts] On January 6, 2016, the Defendant driven B Poter truck under the influence of alcohol content of about 0.158% at approximately 70 meters from the 700m section of alcohol during blood to the front route of the Yang Chang-ri market in Gyeyang-gu, Ulsan-gu, Ulsan-do, Ulsan-do, Seoul-do, to the front route of the same Eup and the 154-do Gyeongyang Sports Park.

As a result, the Defendant, who had a record of violating the Road Traffic Act (drinking) more than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant committed the instant crime without being aware of the Defendant during the period of suspension of execution, such as the fact that the Defendant committed the instant crime without being aware of it during the period of suspension of execution, that the blood alcohol concentration is very high, that the Defendant reaches six times the Defendant’s non-license power without drinking, and that the Defendant runs away on the date of declaration, etc., and thus, it is inevitable to punish the corresponding crime accordingly.

In addition, all other circumstances, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as per the order.