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

Criminal facts

On June 12, 2008, the Defendant was sentenced to five years of imprisonment with prison labor for robbery injury in Busan High Court on September 29, 2012, and completed the execution of the sentence in Busan Correctional Institution on September 29, 2012.

Criminal facts

On July 25, 2015, at around 01:50, the Defendant driven a B-to-purd vehicle, one owned by himself, under the influence of alcohol concentration of approximately 0.239% from a 150-meter radius road in front of the same luminous building, from the dong C-to-si, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances and report on the detection of such a driver;

1. Each report on investigation;

1. Before judgment: References to criminal records, investigation reports (precluding repeated crimes, confirmation, and judgment) and the application of statutes;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The punishment against the defendant shall be determined by taking into consideration the following factors: (a) the sentencing reason for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act is highly high in blood alcohol concentration value for the reason of sentencing; (b) the course and distance of driving; (c) the developments over which the traffic accident was committed; (d) the history of punishment for the same kind of crime; and (e) the fact that the defendant's age, character and conduct, environment, and circumstances after the crime