A defendant shall be punished by imprisonment for four months.

Criminal facts

On February 4, 2017, the Defendant driven a car with B, which was under the influence of alcohol content of about 0.122% in a section of about 300 meters from the front of the 316,905 East-ro to the 6th half of the same city basin from the southyang-ro, Namyang-ro, the south-do-ro, the south-do-ro, the south-do-ro of which was around 316,905 to the 6th of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving drinking, and application of mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to drinking) of the Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act, and choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the Defendant’s blood alcohol concentration is not less than 0.122%, and the Defendant caused a traffic accident while driving alcohol.

In 2014, the Defendant again committed the instant crime even though he had been sentenced to the two-year suspended sentence for eight months of imprisonment due to driving under the influence of alcohol in 2014.

In 2013, the defendant was sentenced to a suspended sentence of one year for the term of imprisonment with prison labor in April of the year of 2013 and was sentenced to criminal punishment several times for a dual crime.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the sentence is inevitable. As such, the sentence is to be determined as ordered by the Defendant.