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

Punishment of the crime

On December 24, 2007, the defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (Refusal of measurement of drinking), a fine of three million won for a violation of the Road Traffic Act (driving alcohol) at the Changwon District Court on October 20, 2008, and a fine of three million won for a violation of the Road Traffic Act (driving alcohol) at the same court on June 22, 2009. On July 19, 2012, the defendant was sentenced to a summary order of four million won for a violation of the Road Traffic Act (driving alcohol) at the same court on July 19, 2012. On January 17, 2013, the defendant was sentenced to a suspended sentence of six-month for six-month imprisonment with prison labor for a violation of the Road Traffic Act (driving alcohol) at the same court on November 29, 2013 and the period of parole passed on January 16, 2014.

On December 31, 2016, while under the influence of alcohol 03:48, the Defendant driven a car of approximately 800 meters in advance of a convalescent in front of a convalescent road located in the front of the street of Changwon-si, Changwon-si, in a state of alcohol content of 0.111%.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity refers to a person who has been sentenced not less than six times to a sentence due to driving without a license for drinking, and in particular, the Defendant again committed the instant crime within three years after the completion of the sentence due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license).

However, the defendant is against himself, and has scrapped a vehicle which is driven by drinking.