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

Punishment of the crime

[Criminal Justice] On October 12, 2008, the Defendant: (a) driven a motor vehicle with blood alcohol level of 0.149% on October 12, 2008; (b) on June 22, 2010, while under the influence of alcohol level of 0.116% on June 22, 201, and violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice; and (c) on September 28, 201, the Ulsan District Court sentenced the Defendant to two years of suspension of the execution for eight months of imprisonment for a crime of violation of the Road Traffic Act (driving) at the Ulsan District Court on September 28, 201; and (d) was confirmed

【Criminal Facts】

On April 15, 2012, at around 21:53, the Defendant driven a motor vehicle with B low alcohol level under the influence of alcohol at a section of about 200 meters from the street in front of the gravel horse in the Dong-gu, Busan Metropolitan City, to the entrance of the Dong-gu Park.

Summary of Evidence

1. Making a report on the control of drinking driving;

1. Notification of the result of the drinking driving control;

1. A report on the actual state of the driver;

1. A inquiry report on criminal records, etc.;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a written judgment and a summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of being punished four times due to a drunk driving. However, in light of the fact that a defendant was sentenced to a suspended sentence due to a drunk driving and re-driving during the suspended sentence period, even though he was served with a summons of the date, and fled without attending the relevant date, there is a need to strictly punish the defendant.

In addition, in consideration of the various circumstances, such as the defendant's age, character and conduct, and circumstances after crimes, the sentencing conditions specified in the pleadings of this case shall be determined as ordered.