A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On July 17, 2008, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Suwon District Court on July 17, 2008, and on July 28, 2009, by imprisonment with prison labor for the same crime, etc. at the Suwon District Court on May 28, 2009, respectively, and on October 13, 2014, the Defendant violated Article 44(1) of the Road Traffic Act on more than two occasions, such as the charge of the same crime.

【Criminal Facts】

On September 26, 2014, while under the influence of alcohol at 0.166% of blood alcohol concentration, the Defendant driven B-type cargo vehicles from about 1 km to around 440% of the roads in front of the Dae-gu Incheon District District in Pyeongtaek-si, Bupyeong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the occurrence of traffic congestion;

1. A written report from an employee of an employer;

1. On-site traffic accidents;

1. Previous records of judgment: Criminal records, two copies of judgment, and application of Acts and subordinate statutes in a indictment;

1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and the choice of imprisonment under Article 148-2 (1) 1 of the Road Traffic Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the crime of drunk driving and unlicensed driving, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) are three times the criminal records which were sentenced to suspended sentence, and the criminal records which were punished with the previous charges are also three times the criminal records which were punished with the previous charges, and they again drive under the influence of alcohol again, and the numerical values are higher than 0.166% and the risk of causing traffic accidents that are returned to the road. Therefore, it is inevitable to pronounce a sentence.

On the other hand, in determining punishment, the fact that the defendant is divided into crimes, the defendant's health status, family relationship, occupation, etc. are considered, and the minimum mitigation is required.