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

Punishment of the crime

[criminal history] On July 19, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law at the Suwon District Court’s Suwon District Court on July 19, 2012. On August 6, 2014, the Defendant was sentenced to a suspended sentence of eight months for the same crime in the same court, etc., and completed the execution of the sentence in the Innju prison on February 3, 2015.

[2] Although Defendant 1 was punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a Cgpppping car in the state of under the influence of alcohol concentration of about 0.105% from the 1km section of about 1km to the front road of the same 1-thod 135-ro from February 10, 2017, around 21:32, Seo-si, Seo-dong 829-1, Seo-dong, Seo-si, Seo-si, Seo-dong, Seo-gu, 135.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (verification of repeated crimes), and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Article 35(1) of the Criminal Act, Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity is to have the record of being sentenced three times a fine, two times a suspended sentence, and one time a sentence is to be sentenced, and the driving of drinking again during the repeated period due to driving of drinking, etc. is to be sentenced, and thus, the sentence is inevitable.

The sentence shall be determined as ordered by comprehensively considering the various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the degree of alcohol concentration, degree of reflection, defendant's age, sex, environment, etc., among the blood of this case.