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

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of 2.5 million won on July 10, 1998 for a violation of the Road Traffic Act at the Daegu District Court racing support. On September 20, 200, the defendant was sentenced to a fine of 10 months or a suspended sentence of 2 years on September 10, 200 for a violation of the Road Traffic Act. On the same support on May 1, 2007, the defendant was sentenced to a summary order of 3 million won or a fine of 3 million won due to a violation of the Road Traffic Act (driving) in the same support on April 16, 2008. The defendant was sentenced to 6 months or a suspended sentence of 2 years on October 5, 2010 and sentenced to 6 months or a suspended sentence of 2 years for a violation of the Road Traffic Act as of February 3, 2016 and sentenced to a suspended sentence of 20 years or more as of February 21, 2016.

[2] Although Defendant 1 had been under the influence of twice or more due to drinking driving, Defendant 2 driven a C-wing vehicle with approximately 3 km from the front side of the Southern Agricultural Organization located in Sejong-si on March 19, 2017 to the front side of the kindergarten affiliated with the same university located in Sejong-si, Chungcheongnam-si, from around 22:10 on March 19, 2017, while under the influence of alcohol content of 0.123% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report(s) on occurrence, report on the circumstances of a driver driving, report on the results of crackdown on the driving of alcohol, vehicle driver's license ledger/motor vehicle register/motor vehicle register;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes during the period of probation of the suspect;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that the defendant repents his/her mistake, etc.);