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

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, and was sentenced to a summary order of 2 million won for a violation of the Road Traffic Act, etc. on October 29, 2012 at the Incheon District Court’s Incheon District Court’s Branch Branch, which was sentenced to a fine of 2 million won.

On May 28, 2019, at around 20:47, the Defendant driven the C Car with a blood alcohol content of 0.184% 0.184% under the influence of alcohol from the Seo-gu B apartment parking lot in Seo-gu, Seocheon-gu, Incheon to the front road of the above apartment after the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry records, copies of the case inquiry and judgment (one case), case inquiry, and copies of summary order (five cases) shall apply;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) even though the Defendant, prior to the instant case, was under the influence of criminal punishment on five occasions, including a suspended sentence, for driving under the influence of alcohol prior to the instant case; (b) again, he/she drives under the influence of alcohol again; (c) the blood alcohol concentration of the instant case is very high; and (d) the Defendant recognized