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

Punishment of the crime

On January 29, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court on January 29, 2007; on June 25, 2008, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the leisure branch of the Suwon District Court on June 25, 2008; on December 22, 2014, the Defendant was sentenced to imprisonment for 6 months with prison labor for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 30, 2014, and the said judgment became final and conclusive on December 30, 2014.

On June 7, 2015, at around 10:30, the Defendant was not granted a driver’s license on the road in front of the floor of the sunlight in the Dolle-gun, Jincheon-gun, Chungcheongnam-do, Chungcheongnamcheon-do, and the “E” stated in the indictment in C in the section of about 50 meters of blood alcohol concentration at around 0.228% while under the influence of alcohol at around 50 meters is apparent (on-site photographs, etc.). Thus, the Defendant driven a car in the Chon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements related to D traffic accidents;

1. The actual condition of traffic accidents;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Summary order attached to criminal records, investigation reports (report attached to the same attached records, etc.); and the application of statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Defendant had already committed several identical crimes, and again committed the instant crime during the period of suspension of execution due to the same kind of crime.

The blood alcohol concentration is also very high.

However, it shall be sentenced to imprisonment in consideration of all the conditions of sentencing, such as the distance and circumstances when the defendant scrapped the vehicle, the age and environment of the defendant, the result of the crime, and the circumstances after the crime.