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

Punishment of the crime

[criminal power] On June 29, 201, the Defendant was sentenced to a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on June 29, 201; on June 7, 2012, in the Daegu District Court Kimcheon Branch of the same crime, the Defendant was sentenced to a summary order of KRW 3 million for the same crime; on August 28, 2013, in the Daegu District Court Kimcheon Branch of the Daegu District Court, he was sentenced to imprisonment for 10 months and 2 years of suspended execution; and on December 17, 2015, the Defendant was sentenced to imprisonment for the same crime, etc. at the Daegu District Court of the Republic of Korea on the same day.

【Criminal Facts】

On February 25, 2019, the Defendant violated Article 44(1) of the Road Traffic Act two or more occasions, and driven a car in a 4km section from a restaurant in front of the restaurant located in the Gumi-si B while under the influence of alcohol 0.118% of alcohol level around 22:10 on February 25, 2019 to a D Apartment E-dong parking lot in the Gumi-si, Gyeongbuk-do.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H and I;

1. The actual condition survey report;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the judgment of the same kind of crime and the current status of confinement of each individual);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime even though he had had the record of having been sentenced several times of punishment, including imprisonment, due to a drunk driving, even though he had already been sentenced several times of punishment. Considering that the blood alcohol concentration of the instant case is not low, a sentence of imprisonment with prison labor imposed on the Defendant is inevitable.

However, the fact that the defendant is led to confession and reflect, and the sale of vehicles, etc. does not repeat the crime, and the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, etc. are shown in the arguments of this case, such as the circumstances after the crime.