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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
around 08:45 on September 16, 2017, the Defendant driven CK-5 car under the influence of alcohol content of about 0.110% on the road located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to set off approximately 500 meters from the street 1 Nowon-gu in Seoul Special Metropolitan City to the road before 142.
around 06:57 on September 23, 2017, the Defendant driven a DNA car in the state of alcohol concentration of about 0.147% in a 50-meter radius from the 100-distance 18-o, Seongdong-gu, Seoul to the 100-o, Gosan-ro, Seongdong-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to make a statement on the circumstances of each driver driving, and the results of regulating drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of imprisonment for a crime, and each of the choice of punishment;
1. The Defendant committed each of the instant offenses without being aware of the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was under suspension of execution due to the Defendant’s act of refusing to measure drinking, etc., and the Defendant committed the instant offense on September 16, 2017, when he was under investigation by an investigative agency on September 23, 201, even though he was under investigation on the drinking (2017 highest 4205 highest 4715). The Defendant committed the instant offense on September 23, 201, which was later under investigation by the investigative agency on September 16, 201; the numerical value of alcohol concentration among the blood alcohol at the time of driving of each of the instant case is very high; in light of the Defendant’s past criminal history and the content of each of the instant offenses, it is deemed that compliance consciousness is extremely weak and is highly likely to repeat the instant offense; and considering the circumstances favorable for the Defendant to recognize the instant criminal facts.