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

Punishment of the crime

The Defendant was sentenced to a suspended sentence of four months at the Chuncheon District Court on September 19, 2008 due to a violation of the Road Traffic Act on September 19, 2008; one year of imprisonment; two years of a suspended sentence of eight months for the same crime on May 20, 201; and six months of imprisonment for the same crime on April 19, 2013.

On October 16, 2016, at around 16:05, the Defendant driven Cone Star Co., Ltd. at a distance of about 20 meters from the front day of a master’s right elementary school in Chuncheon City, a master’s degree, to the front day of a master’s right line in the same Dong, with approximately 0.134% alcohol concentration among blood.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. On-site photographs from which drinking is discovered;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records, report on investigation (Attachment of criminal records and attachment of criminal suspects' judgment, and current status of confinement of suspects);

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) appears to have been divided and reflected by the defendant, and the fact that the defendant 86 years of age is under the influence of the defendant and is in an economic difficult situation is the sentencing factor favorable to the defendant. On the other hand, in addition to the previous conviction in the judgment of the defendant, the defendant once driving the drinking of this case without being able to do so even though he had the ability to drive the drinking, and that the defendant's blood alcohol concentration is considerably high among the blood of the defendant, etc.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., are taken into account, and the sentence is ordered.