A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On April 5, 2007, the Defendant was sentenced to imprisonment with prison labor for 8 months, suspension of execution for 2 years, a fine of 1 million won for a violation of the Road Traffic Act in the same court on March 27, 2009, and one year and two years of suspension of execution for the same court on May 23, 2014 due to a violation of the Road Traffic Act.

[Criminal facts] On November 18, 2017, the Defendant driven a Maz Vehicle B at a section of about 70 meters from the front day of the Chungcheong middle school located in the same Dong and located in the same Dong as the apartment house, while under the influence of alcohol level of 0.250% among blood transfusion around 21:40 on November 18, 2017.

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 written request for appraisal and reply to a request for appraisal, and a written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Reporting on the arrest of a person suspected of violating traffic Acts on roads;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of criminal suspect's driving records of the same kind of drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of the amount of punishment, has both led to confession and reflect in depth on the instant crime.

In addition, as seen earlier, the Defendant was sentenced to criminal punishment after being sentenced to imprisonment for one year and two years of suspended execution due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2014, the violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking driving).

However, since the alcohol content in the blood at the time of the instant crime is very high at 0.250%, the nature of the crime is very poor, and as seen earlier, the Defendant is driving three times in 2007, 2009, and 2014, etc.