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

Punishment of the crime

On January 22, 2010, the Defendant was sentenced to a suspended sentence for four months by imprisonment with labor for a violation of the Road Traffic Act at the Changwon District Court on April 2, 2010. On July 30, 2012, the Defendant was sentenced to a summary order of four million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on July 30, 2012. On June 13, 2013, the Defendant was sentenced to six months by imprisonment with labor for a violation of the Road Traffic Act at the Changwon District Court on January 20, 2014, and completed the execution of the final sentence at the Changwon Prison on January 20, 2014.

On February 14, 2015, at around 23:35, the Defendant driven B modern 25 tons of grassland trucks with approximately 70km alcohol concentration of 0.170% from the 70km section to the front road of the Changwon-si, Changwon-si, Masan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (a repeated crime and punishment for drunk driving at least twice);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant commits a crime of drunk driving during the period of repeated crime even though he/she had been sentenced to six months of imprisonment due to a drunk driving, although he/she could have a history of driving alcohol, he/she has recently been released from the prison due to a drunk driving, the crime of drunk driving during the period of repeated crime is committed, drinking alcohol is very high, and other conditions of sentencing indicated in the records, such as the defendant's age, character, character, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc.