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

Punishment of the crime

On February 23, 2007, the Defendant was sentenced to a fine of 700,000 won due to a violation of the Road Traffic Act in the Busan District Court on November 17, 201, a fine of 2.5 million won by the same court on June 28, 201, a fine of 2.5 million won by the same court on June 28, 201, a fine of 6 months by imprisonment for a violation of the Road Traffic Act and 2 years by the same court on November 16, 2012, and a fine of 50,000 won by the same court on February 18, 2013, which became final and conclusive on February 18, 2013 and paroled on September 30, 2013 while the execution of the sentence was executed by the Chang Prison prison for which the period of parole elapsed on November 14, 2013, and a person who was sentenced to a fine of 500,000 won by the same court on December 13.

On January 22, 2014, at around 01:44, the Defendant driven C 140 cars while under the influence of alcohol of about 0.142% with blood alcohol concentration of about 70 meters from the front of the congested intersection in Busan Jindong to the front of the chemical apartment located in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (report as to whether they are repeated crimes);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (1) 1, and Article 44 (1) of the same Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant, who was sentenced to punishment due to drunk driving on several occasions under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation, committed the instant crime during the period of repeated crime even though he/she was sentenced to punishment and was sentenced to a fine again under the parole and was sentenced to a punishment again under the parole.