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

Punishment of the crime

On June 26, 2015, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic law in the Seo-gu District Court Branch Branch, and was released from the Daegu Detention House on November 5, 2015 on March 4, 2016, and the execution of the sentence became final and conclusive on March 4, 2016. On June 20, 2012, the Defendant was issued a summary order of KRW 4.5 million with a fine of KRW 4.5 million in the same court as the same crime, and the same court was issued a summary order of KRW 2.5 million in the same court on September 2, 201.

On February 21, 2018, the Defendant driven BM3 vehicles under the influence of alcohol with approximately 50 meters alcohol concentration 0.069% from the 50m section to the NAN road in the same culture as that of the Seogu Culture Center, Seogu, Daegu, Seo-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (the previous records, such as the period of repeated crime);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 for mitigation of quantity is to be considered in light of the circumstances leading to the instant crime for sentencing, and the drinking volume is not high. However, the Defendant has already been punished for drinking or non-licensed driving on several occasions, and the Defendant committed the instant crime again during the period of repeated offense due to drinking, etc., it is inevitable to sentence imprisonment with prison labor against the Defendant, in light of the fact that the Defendant had committed the instant crime during the period of repeated offense due to drinking, etc.

In addition, the sentencing shown in the arguments of this case, such as the defendant's age, sex, environment, motive, background, means and consequence of the crime, and circumstances after the crime.