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

Punishment of the crime

[criminal history] On January 8, 2015, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court, and on June 16, 2017, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

[2] On April 8, 2018, the Defendant: (a) was a person who violated the drinking prohibition provision twice or more; (b) operated a vehicle with approximately 2 km section from the previous church in the M-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-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Statement by the defendant in court;

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

1. License register;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a report on the previous convictions of each disposition, a copy of the summary order, and the application of statutes in the form of a copy of the decision;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: A sentence of imprisonment for eight months is inevitable on the ground that the defendant committed the instant crime again during the suspension period of execution due to a violation of the Road Traffic Act, even though he/she had a record of punishment for driving under drinking or driving without a license, and thus, he/she has committed the instant crime.

The term of punishment shall be determined by comprehensively taking into account the aforementioned circumstances, the defendant's age, sex, environment, background and motive, means and consequence of the crime, alcohol concentration during blood, distance from driving alcohol, circumstances after the crime, and other conditions of sentencing as shown in pleadings.