A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On January 16, 2019, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Child Welfare Act (child abuse) at the Jung-gu District Court, and the judgment became final and conclusive on August 26, 2019.

On June 23, 2019, at around 11:16, the Defendant driven a rocketing vehicle under the influence of alcohol content of about 40km from the 40km section to the string-distance road in the new north of the same city from the front of the cafeteria, which is located in Gyeonggi-si B.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Before the judgment: Criminal history records, each investigation report (Evidence No. 12,13 in the list of evidence), written judgments (2019Do8709, 2019No277, 2018Gadan5102), and prosecutor who applies the provisions of the Act and subordinate statutes to the inquiry into the instant case indicted the instant crime as a repeated offense. However, the judgment of the crime of violation of the Child Welfare Act (child abuse) was finalized on August 26, 2019, which is subsequent to the instant crime (as of May 15, 2019, the point at which the execution of the sentence was completed, rather than the point at which the sentence was completed), and the instant crime does not constitute a repeated offense, and thus, it does not constitute a repeated offense.

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act include imprisonment for the same kind of crime, such as drinking, driving without a license, refusal of taking a drinking, etc. even before the defendant has been punished several times;

In particular, the Defendant was sentenced to imprisonment with prison labor for 6 months on December 7, 2017 for the crime of violating the Child Welfare Act (child abuse), and was in the period of suspension of execution, and was in the criminal trial due to the additional violation of the Child Welfare Act (child abuse) committed around October 2018, and was still in the criminal trial, and was in the blood alcohol concentration 0.