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

Punishment of the crime

In the Daejeon District Court on February 5, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violation of the Road Traffic Act (drinking driving), a fine of 1.5 million won as a crime of violation of the Road Traffic Act (drinking driving) at the Suwon District Court on December 11, 2009, and a fine of 1.5 million won as a crime of violation of the Road Traffic Act (drinking driving) at the Suwon District Court on December 24, 2013.

On April 15, 2018, around 00:10 on April 15, 2018, the Defendant driven B K3 car volume with approximately 0.130% alcohol concentration in blood at the 1km section from the Jyangdong, Seoul Special Metropolitan City to the 10th street of the same Gu-dong to the 10th street.

As a result, the Defendant, who committed a violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor);

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the recent suspension of execution, has three times the same history as the Defendant had been under suspension of execution. In view of the recent history, the Defendant’s awareness of the fact that, on September 25, 2013, a short-term period of time (a punishment of five million won was imposed) committed a crime of drunk driving on October 12, 2013, the Defendant committed a crime of drinking (a person subject to a suspended sentence of imprisonment with prison labor) by driving alcohol or without a license for driving a motor vehicle, was scarcityd.

In the same case, if punishment for a suspended sentence is again imposed on the same kind of case, it would be to encourage the defendant to light the law and order.

In full view of the response and preventive aspects of punishment, punishment is necessary.