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

Punishment of the crime

[Power of crime] On June 23, 2008, the defendant was sentenced to a summary order of one million won as a crime of violating the Road Traffic Act in the Busan District Court's branch branch court's order on June 23, 2008, and on April 1, 2009, the defendant was sentenced to a suspended sentence of two years for six months due to a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court.

[2] On June 3, 2018, the Defendant driven a C Poter vehicle under the influence of alcohol content of about 0.27% from the 1km section to the 21m-dong, Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, Ulsan-gun, Seoul-do, to the 22-1m-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include four previous drivers of drinking alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Act, and there are criminal records of suspended sentence of imprisonment.

Nevertheless, since the driver has been driving in the state of multi-level, the punishment for the crime has to be sentenced to imprisonment with prison labor.

However, the fact that the last criminal record has been nine years or more, that it does not lead to an actual accident, that it is against the crime, and that it does not commit a second offense.

The punishment shall be determined as per the disposition, in consideration of the fact that the defendant's age and family environment, and all of the sentencing conditions.