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

Punishment of the crime

[criminal history] On April 24, 2012, the Defendant was issued a summary order of KRW 3.5 million by a fine for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 3 million by the same court on December 18, 2012. On August 26, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (drinking driving) by the same court.

[Criminal facts] On October 11, 2016, the Defendant driven CK3 motor vehicles under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.155% from the 200-meter section from the roads front of the mutual influorial convenience store located in the North-dong of Gwangjubuk-gu to the roads front of the same Kumun-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the circumstances of drivers who take driving, and reports on the results of regulating drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. In particular, on August 26, 2014, the court was sentenced to a suspended sentence of 10 months due to drinking driving, etc. on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the period of the suspended sentence has not yet elapsed since the court was sentenced to a suspended sentence of 10 months due to drinking driving, etc., and committed the instant crime.

In blood, alcohol concentration is high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, in full view of all the sentencing conditions shown in the arguments of this case, such as the fact that the sentencing guidelines are against the defendant, the age, sex, environment, circumstances of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing guidelines shall not apply to a crime for which no sentencing guidelines have been set).