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

Punishment of the crime

On April 29, 2011, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for a violation of road traffic laws (drinking driving) at the Youngcheon District Court’s Young-gu branch on April 29, 201, and on October 8, 2013, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court.

On April 7, 2016, the Defendant driven a B-Gu car under the influence of alcohol level of 0.198% in blood on the roads near the fixed line high school 18-21 Yonyangyang 2-ro 18-21, Jeonwon-gun, Jeonwon-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (verification of criminal history of the same kind);

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. Although there has been three times of punishment for the same kind of crime in sentencing under Articles 53 and 55(1)3 of the Criminal Act, the driving of drinking at once, including one time of suspended sentence for the reasons of sentencing under Article 55(1)3 of the Act shall be determined by comprehensively taking into account the following factors: (a) the fact that there has been three times of suspended sentence; (b) the fact that blood alcohol concentration was high; (c) the occurrence of traffic accidents; (d) unfavorable circumstances such as traffic accidents; (e) the fact that there are children to be supported by the Defendant; (e) favorable circumstances such as the Defendant’s age, sex and behavior; and (e) other favorable conditions such as the Defendant’s motive, circumstance, means, method, and consequence of the instant crime;