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

Punishment of the crime

On October 6, 2008, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch on October 6, 2008, and a summary order of KRW 5 million due to the same crime, etc. at the Jung District Court's District Court on August 12, 2014, and on January 22, 2016, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (licensed Driving) at the Jung District Court's District Court on March 9, 2016 and completed the execution of the sentence.

On July 20, 2016, around 23:55, the Defendant driven CK7 car in the state of alcohol content 0.139% in blood alcohol concentration to the front road of the Dong-ro 6 Smart Flag, Dong-ro, Dong-ro, Dong-ro, Dong-ro, 2016, around 23:55.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous records: Criminal history records and other inquiries, investigation reports (Attachment to the same kind of judgment for driving under the influence of the same kind), copies of the judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The defendant recognized the instant crime and reflects the depth thereof; the defendant supported the wife of de facto marriage relation which is the seventh month of pregnancy; the defendant was punished several times due to drinking or non-licensed driving; the defendant had already been punished twice during the period of repeated crime due to non-licensed driving; the defendant again committed the instant drunk driving during the period of repeated crime due to non-licensed driving; and the defendant's age, character and behavior, environment, means and consequence of the instant crime; and the circumstances after the crime, etc. shall be determined as the same as the order.