A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On January 9, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on August 7, 2008, a fine of three million won for the same crime at the same court on August 7, 2008, and on February 17, 2016, to a suspended sentence of one year for the same crime at the Jeju District Court.

[2] Although Defendant 1 had the power to violate the prohibition of drinking driving as above, Defendant 1 driven a B-hurd motor vehicle under the influence of alcohol concentration of approximately 0.177% in the section of about 30km from the 30km to the point where it is located outside Gyeyang-dong, Seoul, the east-gu, Seoul, to the point where it is located outside the 81km in the east-gu, Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the drinking alcohol measurement register, report on the circumstances of the drinking driver, and notification of the results of regulating the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (power of drinking driving), one additional decision, and two copies of the summary order in addition;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. Determination of sentence: A favorable condition for one-year imprisonment: A person shows the appearance of reflecting the commission of a crime;

Unfavorable circumstances: The instant crime was committed, even before the instant crime was committed, without prejudice, even though it was sentenced to criminal punishment for the crime of drinking driving on a total of six occasions, such as criminal punishment twice a suspended sentence due to drinking driving, etc.

At the time of detection, alcohol concentration was considerably high, and the distance of drinking driving was also reasonable. It is inevitable to sentence the defendant as a sentence.

In addition, various circumstances, such as the defendant's age, sexual conduct, family relationship, the background and method of the crime of this case, and the circumstances after the crime, etc., are shown in the arguments.