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

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on March 9, 2007, and was sentenced to a fine of three million won on July 3, 2014 by the same court as the same crime, and was sentenced to six months of imprisonment and two years of suspended execution.

[Criminal facts] On December 15, 2017, the Defendant driven an E-high typ vehicle while under the influence of alcohol leveling 0.256% while under the influence of alcohol leveling 0.256% on the front side of the Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to each investigation report (measurement of suspect drinking and report on the situation of the driver who takes driving);

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

1. Determination of the same sentence as the order shall be made by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method, circumstances after the instant crime was committed, etc., and the conditions of sentencing as shown in the trial process.

The disadvantageous circumstances: The defendant could have been punished as a crime of violating the Road Traffic Act (drinking driving), and the defendant again committed the crime of this case even if he was sentenced to a suspended sentence of six months on July 3, 2014 by imprisonment with prison labor for the crime of violating the Road Traffic Act (drinking driving), which was sentenced to a suspended sentence of six months at the Incheon District Court on July 3, 2014, and the defendant's blood alcohol level (0.256%) was very high at the time of the crime of this case: The defendant recognized the crime of this case and reflects his wrongness; the distance of the defendant's actual driving of the vehicle at the time of the crime of this case is about one meter (the defendant concealed the vehicle parked while driving the vehicle).