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

Punishment of the crime

[criminal history] On June 25, 2012, the Defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on March 26, 2014, and sentenced to a fine of seven million won for the same crime in the same court on March 26, 2014, in the same court on October 30, 2015, two years of suspended sentence for six months for the same crime, and eight months of imprisonment for the same crime in the Jeonju District Court on August 19, 2016, and was released on March 30, 2017 during the execution of the sentence in the Youngju District Court on June 24, 2017.

[2] On May 31, 2018, at around 03:40 on May 31, 2018, the Defendant driven a Cice-type car under the influence of alcohol concentration of approximately 0.128% from the section of approximately 300 meters to the front road of the off-distance market located in the Dong-si, Yasan-si, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) around 03:50 on the same day.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Reports on the handling of the reported case, photographs of the control site, notification of the results of crackdown on the driving of drinking, and the statement of the situation of the driver in charge;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as an investigation report (report on the attachment of the same type of force judgment and a summary order attached thereto, details of expropriation), inquiry into criminal history,

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act seems to be that the Defendant recognized the mistake and reflects the fact.

However, even though the defendant had a record of being punished several times due to drinking driving and has recently been sentenced to punishment due to drinking driving, he again committed the crime of this case.

Considering this point, the defendant will be sentenced to imprisonment.