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

Punishment of the crime

[criminal power] On October 11, 2007, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on May 29, 2008; on January 13, 2011, the Defendant was sentenced to a summary order of 3 million won by a fine at the Jeonju District Court on January 13, 201; on May 4, 201, the Defendant completed the execution of the sentence at the Jeonju District Court on May 4, 201.

【Criminal Facts】

On September 5, 2016, at around 21:05, the Defendant driven B east Dok-do Cargo Vehicles while under the influence of alcohol content of 0.119% from the road located in Pungju-gun, Dok-gun, Dok-gun, Dok-gun, to the road located in Pungdo-si, Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Report on the occurrence of a traffic accident;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes concerning the current status of confinement of individuals;

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

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

1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act does not have favorable conditions such as recognizing and reflecting the Defendant’s mistake, etc., the Defendant again commits the instant crime during the period of repeated crime due to the same kind of crime even though he/she had the record of punishment by sentence, suspension of execution, fine, etc., and even during the period of repeated crime due to the same crime, the Defendant’s blood alcohol concentration (0.119%) at the time of driving, the Defendant’s age, environment, criminal background, and the circumstances after committing the instant crime, etc., shall be determined as ordered in consideration of all the sentencing conditions specified in the instant pleadings.