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

Punishment of the crime

[Criminal Power] The defendant was sentenced to six months in imprisonment with prison labor for a violation of the Road Traffic Act (Refusal of measurement) at the Suwon District Court on January 27, 2016 and for the same year.

7. 27. The enforcement of the sentence was terminated in a female prison.

【Criminal Facts】

On March 17, 2019, the Defendant was under the influence of alcohol at around 0.271% of blood alcohol concentration (the result of blood collection appraisal) on March 17, 2019, and the Defendant driven a Fpoter II cargo at the section of about 20 meters from the alleyway on the side of Osan-si B’s housing to the D e intersection located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the criminal of this case was punished due to refusal of alcohol measurement, etc. and the criminal defendant who is under repeated crime is also driving under the influence of alcohol.

In addition, the defendant has been punished three times due to drinking driving.

In light of the above, the defendant's awareness of compliance is rare and the risk of recidivism is also high.

The above crime is likely to lead to a serious accident, so it is inevitable to sentence the defendant as a sentence.

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.