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

Punishment of the crime

[criminal power] On September 19, 2008, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act at the Suwon District Court on September 19, 2008, and six months of imprisonment with prison labor at the Suwon District Court on June 3, 2009.

In addition, on September 22, 2011, the Defendant was sentenced to one year of imprisonment due to a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court in the Incheon District Court on September 22, 201, and the execution of the sentence was terminated on July 19, 2012.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, on December 25, 2014, at around 15:50 on December 25, 2014, the Defendant driven Bpppon car under the influence of alcohol concentration of 0.161% from the 449-3rd way of the administration of the local-nam-Eup in the local-nam city to the front day of the rigic restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection and a report on the status of primary driving;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, inquiry reports by individuals, investigation reports (report on suspect A, violations of the same kind of Road Traffic Act (report on filing of copies of written judgments and summary orders) and criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the Defendant has already been punished several times (three times of imprisonment, one time of suspended execution, and four times of fines) due to a violation of the Road Traffic Act (driving). In particular, considering the fact that the Defendant committed the instant crime even though he/she is under repeated period due to the same crime, it is inevitable to sentence imprisonment with prison labor for the Defendant.

However, the defendant is going against the crime of this case and will not drive again, taking into account the fact that the period of repeated crime was more than two years at the time of the crime of this case, and all other conditions of sentencing, such as the defendant's age, environment, motive for the crime, etc.