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

Punishment of the crime

[criminal power] On August 27, 2004, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving). On March 20, 2008, a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the same court on July 10, 2012, respectively.

【Criminal Facts】

On September 6, 2016, at around 21:25, the Defendant driven the Banco truck with approximately KRW 0.175% of blood alcohol content in the section of about 10km from the front of the gold gate in Geumcheon-gu, Geumcheon-si, Geumcheon-si to the front road of the bus stop located in the same Eup/Myeon, No. 808, which is located in the same Eup/Myeon air-conditioning.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a cargo under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are following the Defendant’s crime. However, the Defendant has been punished ten times for traffic-related crimes (seven times a fine and three times a suspended sentence), and the Defendant is deemed to have been sentenced to a suspended sentence for six months on July 17, 2014 due to a violation of the Road Traffic Act (hereinafter referred to as “violation of the Act”) and has been sentenced to a suspended sentence for two years on July 17, 2014, and seems to have very weak awareness of traffic-related compliance, such as a horse who has been sentenced to a suspended sentence for two years during the suspended sentence and driving under the influence of alcohol at the time of driving under the instant case. In light of the unfavorable circumstances, the sentence is inevitable.

In addition, the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, circumstances after the crime, etc. are considered in consideration of various sentencing factors as shown in the arguments in this case.