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

Punishment of the crime

[criminal power] On July 30, 2012, the Defendant was issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on July 30, 2012; on June 24, 2013, the same court issued a summary order of KRW 5 million for the same crime, etc.; and on April 30, 2014, the Defendant had the record of being sentenced to a suspended sentence of one year for the same crime, etc.

【Criminal Facts】

On March 6, 2019, the Defendant was under the influence of alcohol 0.234% of blood alcohol level around 19:50 on March 6, 2019, and was driving D EF motor vehicle from around 100 meters to C before the military mountain road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on the circumstantial statement of a drinking driver, investigation report, and notification of the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes attached to criminal records, inquiry records, and like military records;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 2011; Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 27, 201); the choice of imprisonment, etc.

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant repents wrong and reflects it.

However, considering the fact that the defendant was punished for drunk driving four times, and that he was punished for a short period after he was sentenced to a fine for a drunk driving in 2012, and that he was sentenced to a suspended sentence of imprisonment for a short time in 2014, he again again led to the crime of this case, the sentence of imprisonment to the defendant is inevitable.

In light of these circumstances and the blood alcohol concentration at the time of the instant crime, the blood alcohol concentration is considered.