A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On June 15, 2012, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and was sentenced to imprisonment with prison labor for 6 months and 2 years for the same crime in the same court on March 26, 2014.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a B rocketing car under the influence of alcohol content of approximately 0.12% from the section of about 4km in the direction of the 4km from April 29, 2017 to the front road of the 4km apartment located at about 29 U.S.-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. On-site photographs related to drinking;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (a written judgment and attachment of summary order), such as criminal history;

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 Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”) of the Act on the Mitigation of Small Amount, is re-competing the instant crime.

However, the Defendant had a record of criminal punishment for more than four times, including two criminal punishment for the same crime, and the period of the final suspension of the execution of imprisonment has been one year only after the expiration of one year.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is relatively high.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.