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

Punishment of the crime

[criminal history] On June 26, 2012, the Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s Support on the grounds of the violation of the Road Traffic Act. On January 10, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Gwangju District Court, and was released on January 11, 2014 from Gwangju Prison during the execution of the sentence, and the parole period passed on December 11, 2014.

In addition, on June 22, 2016, the defendant appealeded by the Gwangju District Court on a fine of four million won due to the obstruction of business and obstruction of the performance of official duties, but the prosecutor appealed on April 12, 2017, but the appeal was dismissed, and the above judgment became final and conclusive on April 20, 2017.

[Criminal facts] On January 7, 2017, the Defendant driven a BSpp motor vehicle at the section of about 3 km from the front of the Seoul Mandong-gu Seoul Metropolitan City, located in 4-lane 7, Nam-gu, Nam-gu, Seoul, Seoul, to the front of 6 km-ro 29:00, while under the influence of alcohol level of 0.228% among the blood transfusion around 01:10.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Response to a request for appraisal;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) Conditions favorable to the defendant: The fact that the defendant recognizes the crime of this case and reflects his mistake, and the defendant has a mother who is suffering from marbling;

B. Unfavorable conditions: (a) the Defendant was already punished four times due to drinking driving; (b) was sentenced to imprisonment for a violation of Road Traffic Act due to a violation of the Road Traffic Act due to drinking driving; and (c) completed the execution of the said sentence; and (c) was under repeated period after the enforcement of the said sentence was completed; (d) the Defendant’s blood alcohol concentration was very high at the time of the instant crime; and (e) the Defendant was sentenced to a fine of KRW 4 million in the case of interference with duties committed on February 18, 2016.