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

On December 12, 2008, the defendant had been sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on December 12, 2008, and on April 19, 201, a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on April 19, 201, and on May 26, 2017, the defendant was sentenced to imprisonment of one year for a crime of unlawful use of air defense at the Seo-gu District Court's Incheon District Court's Incheon Branch on May 26, 201, and completed the execution of the sentence on March 5, 2018.

Punishment of the crime

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven CK5 vehicle under the influence of alcohol with approximately 20 meters alcohol content 0.184% from the roads in the B apartment shop in Namyang-si, Namyang-si, the Namyang-si, the Namyang-si, to the roads in front of the said apartment house.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

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

1. Criminal records as indicated in the judgment: Criminal records, etc. inquiry reports (A), investigation reports (Attachment to the current status of confinement for each suspect), and application of statutes on the current status of confinement for each individual;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Criminal Act has a previous offense of unlawful use of air defense in the market);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for six months to three years;

2. Setting the sentencing criteria not;

3. Although the Defendant was sentenced to punishment for a violation of the Road Traffic Act (driving) around 2008 and around 2011, the Defendant committed the instant crime of drunk driving at the same time, and the blood alcohol concentration at the time was limited to 0.184%.

On May 26, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for an unlawful use of air, etc. in the Daejeon District Court's branch on May 26, 2017, and completed the execution of the sentence on March 5, 2018.