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

Punishment of the crime

On August 24, 2016, the defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for a crime of violating Road Traffic Act (drinking driving) and Road Traffic Act (licensed driving) at the Incheon District Court on August 24, 2016.

9.1. On November 28, 2013, in addition to the above judgment, the Seoul Western District Court was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (dacting driving), and on June 15, 2007, issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on June 15, 2007, and issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) and the Road Traffic Act (dacting driving) at the same court on February 13, 2007.

On November 5, 2017, the Defendant, even though he had had a history of driving alcohol twice or more as seen above, driven Chool car under the influence of alcohol concentration of 0.110% in blood at around 23:34 on November 5, 2017, and proceeded with approximately 200 meters from the front of the Gyeyang Fire Station located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, to the front road of the Suyang Fire Station located in 743, as in the salary table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a reply to inquiry, a copy of an investigation report (the confirmation of a crime during the period of probation), a copy of the judgment attached thereto, a criminal investigation report (the confirmation of records, such as drinking and driving without a license) and the judgment attached thereto, and a copy of each summary order;

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. The reason for sentencing under Articles 53 and 55(1)3 (a) of the Criminal Act (abstinence of one’s own misconduct) of the Act on the Reduction of Quantity was that the Defendant was driving a vehicle directly because an acting driver after drinking alcohol was not timely, and the driving distance was relatively short. The driving distance was relatively short, and the Defendant’s mistake was delayed after living in custody for a considerable period of time, and the Defendant was divorced after divorce.