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

Punishment of the crime

On November 13, 2009, the Defendant was sentenced to a fine of two million won for a violation of road traffic law (drinking driving) in the support of the Southern District Court of the Jeonju on November 13, 2009, a fine of two million won for the same crime in the same court on October 26, 2012, and a suspended sentence of one year for six months for the same crime in the same court on January 14, 2014.

On November 21, 2015, around 17:55, the Defendant driven Cpoter cargo at a section of about 2 km from the front of Spomarket to the new intersection in the Southern-si, Southern-si, Seoul-si, in a state of under the influence of alcohol of about 0.122% during blood alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A traffic accident report;

1. Previous convictions: Inquiries about criminal history and application of investigation reports (verification of drinking, confirmation of driving of drinking, and alteration of the provisions of the Act and subordinate statutes not less than three times);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( considered as favorable sentencing conditions among the following reasons for sentencing) of the Act on Reduction of Small Amount of Punishment has the history of having already been punished three times or for drinking driving. In particular, in light of the fact that the Defendant committed the instant crime even though he had the record of being punished for one year of suspended sentence for six months of imprisonment due to drinking driving, etc. on January 14, 2014, even though he had the record of being punished for one year of suspended sentence due to drinking driving, etc. on January 14, 2014, it is deemed that the Defendant’

However, in light of the fact that the defendant disposes of the cargo vehicles stated in the facts of the crime against his mistake, the fact that the person who was the defendant's wife wants the defendant's wife against the defendant, the circumstances favorable to the defendant shall be considered, and the punishment as ordered shall be determined within the scope of the punishment that reduced the small amount, taking into account all the sentencing conditions specified in the argument of this case.

It is so decided as per Disposition for the above reasons.