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

Punishment of the crime

On July 20, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Changwon District Court on July 20, 2009, a fine of 1.5 million won for the same crime at the Busan District Court on March 3, 2010, and a fine of 1.5 million won for the same crime at the Busan District Court on October 18, 2013, and one year for imprisonment and three years for the suspension of execution, respectively. On December 31, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Changwon District Court's Standon Branch on August 27, 2016.

On June 9, 2019, at around 20:30, the Defendant driven a Fluent vehicle in the state of alcohol alcohol concentration of about 0.092% at the section of about 2 km from the front of the C cafeteria located in Jeju-si B to the front of the E convenience store located in Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a drinking-driving, a driving-off report, a driving-off report, a report on the state of a drinking driver, a criminal investigation report (report on the state of a drinking driver), on-site photographs, written table of requests for appraisal and written appraisal, internal investigation report (the results of requests for appraisal of the state and the blood alcohol concentration);

1. Records and records before ruling: Application of criminal records, etc. inquiry reports, investigation reports (report attached to a summary order, etc. of the same kind of power), investigation reports (report on the expiration of the term of punishment) and Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case was driven under the influence of alcohol, and the nature of the crime is not good, the degree of the drinking, and the criminal records of the defendant being punished for the violation of the Road Traffic Act are three times including a suspended sentence of imprisonment, and in particular, on December 31, 2015, the defendant was sentenced to eight months of imprisonment due to a violation of the Punishment of Violences, etc. Act in the Changwon District Court’s smuggling support, a violation of the Road Traffic Act (joint injury) and a violation of the Road Traffic Act (unlicensed Driving).