A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 27, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Jeonju District Court on July 27, 201, and was sentenced to a fine of one million won or more for the same crime in the same court on August 12, 2008.

On August 2, 2016, the Defendant driven a C-e-sports vehicle at the section of approximately 500 meters from the front side of the Rule, which is located in the New East-si, Jeollabuk-do, Jeollabuk-do, to the front side of the original flux in the same Dong, while under the influence of alcohol content of 0.085% among the blood transfusion around 23:15, 2016.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Although Defendant 1 had been punished for drinking two times or more as above, Defendant 2 driven C-e-sports cargo vehicles under the influence of alcohol with approximately 0.137% alcohol concentration from the parking lot in the permanent market in the Dong-dong-dong-dong, Chungcheongnam-do, Chungcheongnam-do on September 13, 2016 to the intersection of the same city between 1km-dong and Jungdong-dong.

Accordingly, the defendant was a person who violated the prohibition of driving at least twice under the influence of alcohol, and was driving under the influence of alcohol again.

Summary of Evidence

1. Court's statement "2016 Highest 840" by the defendant;

1. Notification of the results of crackdown on the driving of alcohol, and a statement of the circumstances of the driver of the driving of alcohol "2016 Height 1065";

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the previous history thereof), investigation report (Attachment of criminal suspect A, previous convictions, written judgments, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is based on the sentencing of Article 53 and 55(1)3.