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

Punishment of the crime

[Criminal Power] On June 13, 2007, the Defendant was sentenced to a fine of 10 million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court. On May 15, 2012, the Defendant was sentenced to imprisonment with prison labor for 8 months and suspension of execution for the same crime in the same court.

【Criminal Facts】

Defendant’s summary in C around November 23, 2018, 200:45 Gab around 20:45

From the front of the main place to the front of the Do-si road, he driven E rocketing while under the influence of about 8km alcohol concentration of about 0.10% in the 8km section.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous records of judgment: Criminal records, inquiry reports (A) and application of five copies of judgment-making Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning criminal facts (the point of sound driving)

1. Selection of imprisonment with prison labor chosen;

1. The circumstances favorable to the defendant are that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant, that there is no personal or material injury, and that there is clear social relation.

However, considering that there are many previous cases including the fact that the state of drinking water is 0.1%, the driving distance is 8 kilometers, the previous case and the previous case including the previous case of the same suspension of execution in 2006 and 2012, and the previous case of the same kind of fine in 2007, and the majority of the previous cases of the suspension of execution and the criminal record of the sentence due to violence, it is necessary to punish the defendant.

In addition, the punishment shall be determined in consideration of the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.