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

Punishment of the crime

[criminal history] On January 22, 2007, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on July 12, 2007, which was sentenced to a fine of KRW 700,000,000 for a crime of violating the Road Traffic Act (drinking) at the same court on July 12, 2007, which was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (dacting) at the same court on August 7, 2012, which was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) at the same court on November 7, 2014, and on November 26, 2015.

[2] On December 22, 2017, the Defendant driven BMW car under the influence of alcohol leveling of about 0.084% from the 50-meter section to the 71st road in the 71st place in the Bupyeong-si, Seoul Special Metropolitan City.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as inquiry about criminal history, investigation report (A), and statutes attached to such previous convictions;

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. The circumstances favorable to the defendant for sentencing (the following favorable circumstances) under Articles 53 and 55(1)3(3) of the Criminal Act of the mitigated amount of punishment (the recognition of the crime of this case is against the defendant, and the degree of alcohol in blood at the time of the crime of this case was relatively high), unfavorable circumstances (the records of criminal punishment against the defendant for the same crime including the previous criminal record, and the recidivism immediately after the period of suspension of execution expires, and the defendant attempted to escape to avoid the crackdown on drinking), and other circumstances, including the defendant's age and environment.