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

Punishment of the crime

The Defendant was sentenced to criminal punishment for drunk driving on September 28, 2006 by imprisonment with prison labor for a violation of the Road Traffic Act on September 28, 2006 and for a violation of the Road Traffic Act on August 23, 2012, by a suspended sentence of two years for six months, respectively.

On June 7, 2018, at around 18:20, the Defendant driven a D low-speed car from around 100 meters to the front of the apartment house, in a state of under the influence of alcohol of 0.075% of blood alcohol level.

As a result, the defendant, while driving under the influence of alcohol more than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Statement of the circumstantial statement of a drinking driver, the use register of drinking meters, and the statement of traffic accident occurrence;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. on the same kind of power), list of related cases, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case was committed on the ground that the defendant had the record of having been sentenced to imprisonment with prison labor and a stay of execution due to drinking driving as stated in the judgment of the court below, and that the driver was also engaged in drinking driving at the same time, and even though the driver was able to clearly know that the driver was the state of drinking by drinking, the driver was immediately driving the vehicle, and the occurrence of a traffic accident that conflicts with other vehicles while driving the vehicle is not good.

Before the criminal history of the judgment, the defendant is sentenced to a fine of 50,000 won in 193 and 1996, a fine of 1.7 million won in 199, a fine of 2 million won in 2000, a fine of 2 million won due to drinking, driving without license in 200, a violation of the Road Traffic Act in 2003, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.