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

Punishment of the crime

[criminal record] On September 11, 2008, the defendant was sentenced to a suspended sentence of one year to six months for a crime of violation of the Road Traffic Act (driving without a license) at the Jeju District Court. ② On January 9, 2013, at the Jeju High Court, the defendant was sentenced to one year of imprisonment for a crime of violation of the Road Traffic Act (driving without a license), violation of the Road Traffic Act (driving without a license), general building, fire-fighting, general fire-fighting, and destruction of and damage to property.

③ On April 29, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for special intimidation at the Jeju District Court on April 29, 2016, and completed the execution of the sentence on October 16, 2016.

[Criminal Facts] On May 12, 2019, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was driving a two-wheeled vehicle prior to Seopopo City B while under the influence of alcohol at least 0.218% of alcohol level on May 12, 2019.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. A report on internal investigation by the police (including a case of confirming the image of a black box) and a video (including attached documents);

1. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, report on the situation of a drinking driver, report on the oral statement, and report on investigation; and

1. To record the blood alcohol appraisal report prepared by the appraiser affiliated with the Legal and Biochemical department D of the National Institute of Scientific Investigation;

1. Each image of an accident site photograph;

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to each investigation report prepared by the prosecution (including confirmation of the fact of crime, etc. during the period of repeated crime / Attachment of a copy of judgment for the same criminal record and a copy of judgment, etc.);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 35 of the Criminal Act among repeated crimes (in the case of the first head in the market, there is a cryption in the past);

1. Article 53 of the Criminal Act for discretionary mitigation.