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

Punishment of the crime

On August 26, 2009, the Defendant received a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court on August 26, 2009. On November 3, 2011, the same court received a summary order of a fine of five million won due to the same crime. On August 30, 201, the Defendant was sentenced to a suspended sentence of two years for the same crime by the same court.

On December 15, 2018, at around 20:00, the Defendant driven a e-d motor vehicle under the influence of alcohol concentration of approximately 0.165% from the road front of the C Party in the Namyang-si, Chungcheongnam-si, the Namyang-si, to the roads front of the D Party.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, reply reports (A), investigation reports (former records and confirmation reports), application of statutes on judgments (including summary orders);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to the sentence, was punished for the crime of violation of the Road Traffic Act (driving) around 2003, around 2004, around 2009, around 2011, around 2013, and around 2013. In particular, the Defendant committed the instant crime even though he was punished for a suspended sentence on around 2013.

Although the defendant shows his attitude against the defendant and has a family to support, he is sentenced to punishment because it is no longer difficult to deal with the defendant.

The blood alcohol concentration of a defendant, the distance from driving, the details of previous punishment records and the distance thereof, and other matters.