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

Punishment of the crime

[criminal history] On May 13, 2008, the Defendant was sentenced to a fine of 5 million won due to a violation of the Road Traffic Act (drinking driving), etc. by the Incheon District Court on May 13, 2008, and on March 10, 2009, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of 6 months for a violation of the Road Traffic Act (drinking driving).

[2] On December 24, 2017, at around 21:30, the Defendant driven B Poter truck under the influence of alcohol with approximately 0.246% of alcohol concentration from approximately 200 meters away from the 200-ro 69-ro, Nam-gu, Incheon, Nam-gu, Seoul, to the front day of the 2nd-ro, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. Consent to blood collection and confirmation, and response to a request for appraisal;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 18);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant was sentenced to a suspended sentence of two years, a community service for 60 hours, and a compulsory driving instruction for 24 hours for a violation of the Road Traffic Act on March 2009; (b) the Defendant was punished five times on April 2004, around July 2007; (c) around May 2008; (d) the Defendant’s blood alcohol concentration (0.246% as a result of blood gathering) among the blood of the Defendant at the time of the instant case; (e) the Defendant’s violation of the Road Traffic Act on May 3, 2008; and (e) the Defendant was sentenced to criminal punishment for 8 years prior to the instant crime; and (e) the Defendant’s records of the instant crime and the circumstances surrounding the instant case’s crime, including the Defendant’s motive and condition, and the Defendant’s motive, method, and form of the instant crime; and (e) details of the instant punishment.