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

Punishment of the crime

[criminal power] On April 6, 2007, the defendant was issued a summary order of 2 million won as a crime of violation of the Road Traffic Act at the Changwon District Court, and on January 17, 2008, he was sentenced to 6 months of imprisonment and 2 years of suspended execution.

On the other hand, on March 20, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Changwon District Court’s Support for Mountain District on March 20, 201, and one year and six months imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Aggravated Punishment, etc. of Violences, etc.) at the Changwon District Court on November 12, 2014, and the said judgment became final and conclusive

The Defendant was released on November 30, 2016 from the execution of each of the above punishment in the Ganbuk Vocational Training Prison, and on March 2, 2017, the parole period expired.

【Criminal Facts】

On April 21, 2019, at around 03:25, the Defendant driven a F low-priced car in a state of alcohol alcohol concentration of about 0.177% in the front of the E Union located in D on the road in front of the facilities located in the Changwon-si, Changwon-si, Muwon-si C, with approximately 20 meters away from the front of the E Union.

Accordingly, the Defendant, who violated the prohibition of driving a motor vehicle, etc. at least twice under the influence of alcohol, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of the records of punishment for drunk driving and confirmation of the facts of crime during the period of repeated crime at least twice);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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 seems to be inevitable.

-the defendant has already driven under the influence of alcohol;