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

Punishment of the crime

[criminal history] On September 16, 2003, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 3.5 million due to a violation of the Road Traffic Act (drinking driving), etc. at the same court on January 3, 2007, and on September 2, 2014, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) at the Suwon District Court Pyeongtaek District Court on September 2, 2014. On July 9, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (dacting driving).

[2018 Highest 388] On March 12, 2018, the Defendant driven Crain car while under the influence of alcohol content of about 0.074% from around 2km to around 858 at the same time from the road prior to the public announcement of Pyeongtaek-si machinery, located at the center of Pyeongtaek-si, 1:61 square meters around Pyeongtaek-si to the road in the same city.

[2018 Highest 991] On April 19, 2018, the Defendant driven a Crewing car under the influence of alcohol of about 0.063% of alcohol content from approximately 200 meters to the safe front road in the same Dong, from the forest wood front in the Dom-dong of Ansan-si around the same day.

Summary of Evidence

[2018 Highest 388]

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of regulating driving of drinking alcohol (2018 highest 991);

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement on the circumstances of the driver involved in the main crime [the criminal records as stated in the judgment];

1. Written inquiry and reply;

1. Application of Acts and subordinate statutes to the investigation report (the previous conviction and confirmation of the same type);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances that are favorable to the reasons for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act for the mitigation of a small amount of punishment: The confession, reflectivity, and the fact that the person does not subsequently repeat the crime; and the fact that the alcohol content in each of the blood transfusion is not relatively high: The same kind of conditions are the same.