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

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. The circumstantial statement of each host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on the same type of criminal records and attachment of judgments);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The crime of this case was committed even though there are several times of criminal records, including a single sentence imposed by the defendant, a stay of execution three times, etc., and the circumstances favorable to the poor quality of the crime, such as drinking twice during a period not exceeding one month for the defendant: The time for and against the defendant; the driving distance of this case is not clear; the following circumstances are taken into account: The defendant's age, character and behavior, occupation, home environment, etc.;