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

Punishment of the crime

[criminal power] On April 3, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on April 3, 2008, and on October 31, 2008, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act. On October 11, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act. On April 10, 2013, the Defendant completed the execution of the sentence in Daejeon Prison on April 10, 2013.

【Criminal Facts】

On October 19, 2015, at around 21:43, the Defendant driven a C observer car in the state of alcohol alcohol concentration of about 0.118% at a distance of about 30 meters from the parking lot in the Yacheon-dong, Chungcheongnam-do, Chungcheongnam-do to the entrance of the superior market parking lot.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is deemed to be against the defendant's wrongness, but the same criminal records are seven times (three times of fine, three times of suspended execution, three times of suspended execution, one time of imprisonment), and considering that the crime of this case was committed during the period of repeated crime due to the same criminal records, it is inevitable to impose the defendant strict punishment.

However, the same sentence as the order shall be determined by comprehensively taking into account the distance of the defendant's driving and the various sentencing conditions shown in the records and arguments of this case.