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

Punishment of the crime

[criminal history] The Defendant was sentenced to the suspension of the execution of imprisonment for eight months on September 6, 2007 for a crime of violating the Road Traffic Act in the Cheongju District Court's Assistance on the Cheongju District Court's 2007; the term of imprisonment for the same crime in the same court on February 19, 2008; the term of a fine of four million won in the same court on June 11, 2008; the term of imprisonment for the same crime in the same court on December 21, 2010; the term of imprisonment for the same crime in the same court on December 21, 2010; and the term of imprisonment for six months on December 5, 2014; and completed the execution of the said sentence in the government prison on June 1, 2015.

[Criminal facts] On March 29, 2016, the Defendant driven a CP motor vehicle while under the influence of alcohol content of about 0.118% at a section of about 500 meters from the Do in front of the drinking house, where it is impossible to find out the trade name located in the Eup/Myeon of Dongcheon-si, Dongcheon-gu, Eup, Dongcheon-gu, Dongcheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the degree of repeated crime), investigation report (Binding of judgments on the same type of crime), and 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: (a) the Defendant again committed the instant crime despite the fact that he/she had been punished twice by imprisonment for the same kind of crime; (b) the instant crime was committed during the period of repeated crime due to the previous offense committed by force; and (c) the Defendant’s blood alcohol concentration at the time of the instant crime was relatively favorable: The Defendant recognized and reflected the instant crime; (d) the above circumstances and the Defendant’s age, sex behavior, environment, background, means and consequence of the instant crime; and (e) the circumstances after the instant crime were committed.