A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] The Defendant was sentenced to four months of imprisonment for a violation of road traffic law at the Incheon District Court's Busan Branch on June 22, 2007, and was sentenced to six months of imprisonment for a violation of road traffic law (driving), etc. at the same court on November 21, 2008. On November 6, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (damage of property, such as group, deadly weapons, etc.) at the same court on November 6, 2014, and completed the execution of the sentence at the Ansan Prison on May 3, 2015.

The written indictment contains the fact that the defendant was sentenced to six months of imprisonment by the Incheon District Court on August 12, 201 due to the crime of violating the Road Traffic Act (driving), but the judgment related thereto was not submitted as evidence, and even if the above previous conviction was excluded, the above previous conviction is deleted ex officio as it satisfies the elements of the crime of violating the Road Traffic Act (driving of Drinking).

[2] On April 7, 2018, around 19:05, the Defendant driven a coo motor vehicle in C while under the influence of alcohol leveling approximately 0.187% of alcohol leveling to approximately 3 km from the Spant Jeju Island, which is located in the Spant Jeju Jeju Island, to the other 227 front road of the same city Got Jeju Island.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and investigation report (verification of the beginning location of the driver in charge of drinking alcohol);

1. Notification of the results of regulating drinking driving;

1. Making teas;

1. Photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (formers and confirmations), and report on investigation (prior convictions and confirmations);

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. Circumstances unfavorable to the reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: Since driving of drinking may cause damage to another person’s life or body, it is necessary to strictly punish and eradicate it; Defendant may have the history of causing a traffic accident while driving alcohol; and accordingly, it is several times.