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

Punishment of the crime

On January 15, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Sungwon District Court's Sung-nam branch. On July 29, 2009, the Defendant was sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act at the Chungcheong District Court's Chungcheong Branch, and the Defendant completed the execution of the sentence at the Daejeon Prison on July 1, 2010.

On August 20, 2012, at around 20:10 on August 20, 2012, the Defendant driven B observer car under the influence of alcohol concentration of approximately 0.062% from the 1km section to the front road of the technician, who is in the enclosed-dong in Chungcheong-si, Chungcheongnam-si, and at around 20:20 on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, and a report on the circumstantial statement of a drinking driver;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The defendant has been sentenced to a punishment for a violation of the Road Traffic Act even though he/she has been sentenced to a concurrent offense, etc., and re-driving the instant motor vehicle during the period of the repeated offense; circumstances favorable to the amendment of the Road Traffic Act intended to strengthen the risk of drunk driving and the punishment for drunk driving: The defendant made the confession of the instant crime; reflects his/her mistake while he/she made the confession; reflects his/her blood alcohol concentration; take into account the fact that the blood alcohol concentration level is not high; and other circumstances constituting the conditions for sentencing indicated in the records, such as the defendant's age, character and behavior, occupation, home