A defendant shall be punished by imprisonment for not less than one year and six months.

seized one motor vehicle (No. 1 of the No. 1 of the certificate) shall be confiscated.

Punishment of the crime

[criminal history] On September 4, 2013, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (refluence of drinking), etc. on August 4, 2013, and on September 17, 2014, the Defendant was sentenced to a four-month imprisonment for a violation of the Road Traffic Act (unlicensed driving) in the Gwangju District Court’s net support on September 17, 2014, and the said sentence became final and conclusive on June 24, 2015, and the said suspended sentence became void upon the final and conclusive judgment on June 24, 2015. The Defendant was released on March 30, 2016 and completed the execution of the sentence after the period of parole on April 11, 2016, and was sentenced to a 11-time imprisonment with labor for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act (unlicensed driving).

[2] On October 4, 2016, the Defendant driven C’s car in a state of under the influence of alcohol content of about 0.115% in alcohol at a section of about 300 meters in a distance of about 300 meters from the day before the mutual influence point in the Dong-dong, which was located in the Dong-gu, Dong-gu, Seoul during the Gyeonggi-do 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Crash photographs;

1. List of police seizure and protocol of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (a summary order, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture are favorable circumstances such as the fact that the defendant recognized the crime and reflects the fact that the driving distance is not long.

However, in consideration of the fact that the defendant has the same military force, the period of repeated crime, the fact that the defendant was confined to the same military force and was released from the prison, and that he/she again committed the crime of this case within six months after he/she was released from the prison, the punishment is determined as ordered by the sentence.