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

Punishment of the crime

[criminal power] On December 20, 201, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on December 201, the Defendant completed the execution of the sentence from the Gwangju District Court’s net support on March 9, 201 to a fine of six million won for a violation of the Road Traffic Act (driving). On June 11, 2014, the Defendant was sentenced to imprisonment for eight months, suspended sentence two years, and on October 28, 2014, from the Gwangju District Court’s net support on October 28, 201, the Defendant was sentenced to imprisonment for eight months and six months for a violation of the Road Traffic Act (driving without a license) in the Gwangju District Court’s net support on April 28, 2016.

【Criminal Facts】

On March 23, 2019, at around 01:38, the Defendant driven a liquid vehicle C in the state of alcohol alcohol concentration of about 0.064% from the 5km section of approximately 5km to the roads adjacent to the construction site of the same city from the cafeteria, which is unaware of the trade name in the Mineyang-si.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records: Application of criminal records and other inquiries, and criminal investigation reports (Attachment to the same criminal records, and the period of repeated crimes)-related Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant recognized the crime, etc. that is favorable for him/her, or the defendant again commits the crime of this case even though he/she had several records of punishment for the same kind of crime, and the fact that he/she is under repeated crime period, etc., and other unfavorable circumstances, such as the defendant's age