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

Punishment of the crime

[criminal history] On March 31, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violation of road traffic law in the Daegu District Court Kimcheon-cheon branch of the Daegu District Court, and a summary order of KRW 2.5 million for a crime of violation of road traffic law in the Daegu District Court on February 10, 2010, respectively. On August 18, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for a crime of violation of road traffic law in the Daegu District Court Kimcheon-cheon branch of the Daegu District Court on January 21, 2016 and two years for a suspended sentence of eight months for a crime of violation of road traffic law in the Daegu District Court Kimcheon-cheon branch of the Daegu District Court.

[2] Although Defendant 1 had been subject to criminal punishment twice or more due to the crime of violating the Road Traffic Act (driving of alcohol), Defendant 2 driven a BSG golf car on January 10, 2018 while under the influence of alcohol concentration of about 0.08% from the 1km section from the 1km to the erode distance in the Gu, Si, Si, Gu, Nowon-si, Seoul, about 23:45 on January 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history, investigation report (seven times the criminal history of drinking driving and the fact that the period of suspension of execution is in the same kind

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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount shows the attitude of the defendant re-competing the instant crime.

However, the Defendant had a record of criminal punishment on seven occasions, including three times of imprisonment with prison labor due to drinking driving, and even during the suspension period of the last sentence of imprisonment with prison labor, the Defendant committed the instant crime.

Despite the repeated criminal punishment, it is inevitable to sentence the defendant who repeatedly commits the same kind of crime without any contradiction.