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

Punishment of the crime

[criminal history] On September 27, 2010, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and KRW 5 million as a fine in the same court on May 15, 2012.

[2] Criminal facts [2018 Highest 4125] Around May 2, 2018, the Defendant driven Bone Starsch Rexroth under the influence of alcohol content of about 0.269% from the section of approximately 1k to the road from the front side of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, Seoul to the front side of the Cheongi-ro 62-2, Bupyeong-gu, Incheon. In addition, the Defendant was under the influence of alcohol content of 0.269%.

[2018 Highest 4502] Although the Defendant had been punished for drinking at least twice, the Defendant driven B Lone Star Co., Ltd in the state of alcohol concentration of 0.275% from the Bupyeong-gu Incheon Bupyeong-gu from May 5, 2018 to the 92-1st day of the same Gu, around May 5, 2018.

Summary of Evidence

[2018 Highest 4125]

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. References to inquiries, such as criminal history, investigation reports (No. 17) and two copies of summary order (No. 2018 Height 4502);

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has the history of having been sentenced to two times a fine due to a crime of violating the Road Traffic Act (driving), and each of the crimes of this case has caused an accident of shocking a vehicle parked as drinking (0.269% a alcohol concentration in blood) on May 2, 2018, even though the defendant caused an accident of shocking a vehicle parked on May 2, 2018;

5. another.