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

Punishment of the crime

[criminal power] On December 9, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Busan District Court, etc. on October 14, 2016. On January 14, 2016, the same court was sentenced to a fine of nine million won due to a violation of the Road Traffic Act (driving). On November 25, 2014, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) and issued a summary order of KRW 700,000 by the same court on July 14, 2008, respectively.

【Criminal Facts】

On March 14, 2019, at around 21:38, the Defendant driven a Fcom-sports car under the influence of alcohol concentration of about 0.121% from a section of approximately 150 meters, which was around Cdab in Cdab, to the front road of Emart located in D.

Accordingly, even though the Defendant violated the prohibition of driving regulations at least twice under the influence of alcohol, he again driven a car while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of the Act and subordinate statutes concerning criminal records;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months;

2. Setting the sentencing criteria not;

3. Determination of sentence: Imprisonment with prison labor for the defendant of eight months shall have the same kind of power; and

In particular, if a person who has violated two or more regulations on the prohibition of driving under the influence of alcohol on December 9, 2015 and January 14, 2016, such as the first head prior to the judgment, once again drives under the influence of alcohol on two or more occasions, he/she is punished by the aggravated punishment regulations.

(Provided, however, the criminal records of a fine shall be subject to suspended execution and concurrent crimes in the latter part of Article 37 of the Criminal Act). Considering the above, the criminal records of a fine shall not be effectively prevented from committing a crime by suspended execution or fine.

(2).