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

Punishment of the crime

On September 21, 2016 and January 15, 2015, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On November 28, 2018, at around 00:15, the Defendant driven a road of approximately 500 meters located in the Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, with alcohol content of 0.267%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. Requests for appraisal;

1. Criminal records: Application of criminal records and investigation reports (former and previous statutes);

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. 15530, Mar. 27, 2018);

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) a person who causes an accident due to a drunk driving for the reason of sentencing; (b) a person who has been sentenced to a suspended sentence of imprisonment for concurrent crimes with a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.; and (c) a person who has been sentenced to a suspended sentence of imprisonment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.; and (d) a person who conducts a drunk driving at intervals of 2-3 years and 2016 and has been sentenced to a fine; (b) a person is repeating a crime of drunk driving at intervals of 0.236%; and (c) the blood alcohol concentration in the previous case is very high to 0.267%. Considering such circumstances, the sentence of imprisonment shall be imposed to the extent of discretionary mitigation, taking into account the background of the crime