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

Punishment of the crime

[criminal history] On August 17, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 2 million for the same crime at the Daegu District Court on July 24, 2009, respectively. On May 11, 2012, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (drinking), Defendant 2 driven BT XG car at around November 26, 2017, while under the influence of alcohol concentration of about 0.126% from the 1km section to the front road of the lux apartment in the Gu-U.S. On November 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment reflects the instant crime.

However, the defendant has already been subject to criminal punishment four times, including imprisonment for one time due to driving of alcohol.

At the time of the instant case, the alcohol concentration level of the Defendant’s blood is also high.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.