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

Punishment of the crime

On November 12, 2010, the Defendant issued each summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act (driving) at the original branch of the Chuncheon District Court on November 12, 201, and KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) in the same court on October 14, 201.

On December 13, 2018, around 22:01, the Defendant driven a D truck under the influence of alcohol level of 0.082% from the section of approximately 3 km to the Seolju Tolol, which is located in the C’s street located in the Haju City, to the front road of the Triju City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification during the period of attachment of summary orders and suspension of execution of the same type of power, - Two copies of summary orders and one copy of judgment) shall apply;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: A drunk driving is very high rate of recidivism.

Considering the fact that the statutory penalty has been continuously aggravated due to serious social harm caused by drinking driving and changes in the legal sentiment of the general public, there is a need to strictly punish the drinking driving crime.

On April 10, 2017, the Defendant committed the instant crime without being sentenced to a suspended sentence of imprisonment due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes.

The favorable circumstances: The defendant is in profoundly against the crime of this case.

The defendant is trying to prevent recidivism, such as completing a treatment program to correct drinking habits.

The blood alcohol level at the time of driving under the influence of the instant case is relatively high.

(2).