A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On February 13, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Chungcheong District Court of Chungcheongju on February 13, 2008, and a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on February 13, 2013. On April 17, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime and for 8 months and 2 years of suspended execution.

[2] On September 21, 2017, the Defendant driven a B-hurd vehicle under the influence of alcohol concentration of about 0.118% in the two kilometers before the A-huran Agricultural Association located in the direction of about 131-3, i.e., the 32-5 Do in front of the A-huran apartment located in the direction of 08:23, the A-huran-gun Market, the 126-5, i.e., the C-huran-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The register of chassiss and driver's licenses of motor vehicles;

1. Investigation report (the circumstantial report of the driver at the main place of business);

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, has both led to confession and reflect on the instant crime.

However, the Defendant committed the instant crime even if he/she was sentenced to a fine for 208, 2013, 2013, and a suspended sentence of imprisonment for 2015 due to drinking driving, and thus, again committed the instant crime. In light of the above, the risk of recidivism is high, and the sentence of a fine and a suspended sentence of imprisonment for the instant crime is inappropriate to prevent recidivism.

Since it is judged, punishment shall be punished by imprisonment at this time.

In addition, the punishment as ordered shall be determined in consideration of various conditions of sentencing, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.