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

Punishment of the crime

[2] On November 15, 201, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 1.5 million due to a violation of road traffic laws in the Changwon District Court’s branch on November 15, 201; on October 20, 201, the Defendant was sentenced to a suspended sentence of two months for a violation of road traffic laws in the Changwon District Court’s branch on April 3, 2009; on April 19, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws (drinking driving); on July 19, 2006, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1.5 million due to a violation of road traffic laws (drinking driving); on February 17, 2015, the Defendant was sentenced to a suspended sentence of imprisonment with labor for a prison term of one year and one year, two hundred and five years.

[Criminal facts] On July 29, 2018, the Defendant driven D 2 truck while under the influence of alcohol content 0.093% in blood from around 400 meters from the 400-meter section to the front road of the C Apartment at Scam on July 29, 2018.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (verification of the same criminal records as the suspect, and confirmation of the period of repeated crime of the suspect);

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 Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment is that the Defendant was sentenced to the suspension of the execution of imprisonment and the punishment of a fine on several occasions due to the crime of drinking driving and refusing to measure drinking.

The defendant is under the influence of 0.22% under the influence of 0.22%.