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

Punishment of the crime

On November 8, 2013, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Ulsan District Court, and on October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the Chuncheon District Court, for four months and one year of suspended execution.

On August 23, 2018, while under the influence of alcohol at around 02:33, the Defendant driven D SP vehicles on the road located around approximately 1.2 km from the beginning of the original city to the vicinity of the original city, in the state of alcohol at 0.119%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving and criminal committed mainly; and

1. References to inquiries, such as criminal history, summary orders, and application of the text of the judgment;

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. It is recognized that the circumstances, such as the following: (a) the Defendant’s reason for sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act reflects the mistake; (b) the instant crime does not cause a traffic accident; and (c) there is no record of having been sentenced to punishment.

However, the crime of this case is not less than 0.1% of drinking value, and there is a history of criminal punishment twice due to the same crime, and in particular, despite the fact that he was under the influence of alcohol concentration 0.196% in blood in 2015, he was under the influence of 0.196%, and he was under the influence of 10% in 201, he was under the influence of the victim and was under the influence of the suspension of execution, it is insufficient to repeat the crime.

In the above circumstances, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered (the punishment shall be determined by applying the reduction of the amount of punishment by taking into account the circumstances favorable to the defendant).