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

Punishment of the crime

[criminal history] On February 1, 2008, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), etc. on April 10, 2013, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. on April 10, 2013. On February 5, 2015, the Gwangju High Court sentenced two years and eight months to imprisonment due to a violation of the Road Traffic Act (drinking driving), and completed the execution of the sentence in the lawsuit of the second intersection of North Korean Part II of North Korean Dos around April 13, 2017.

[Criminal facts] On July 17, 2017, the Defendant driven C Poter II Cargo Vehicles while under the influence of alcohol content 0.173% during blood, at approximately 10 meters in front of the road B of Heung-gun, Sinung-gun, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (Attachment to a copy of the same kind of judgment), and application of Acts and subordinate statutes concerning personal confinement;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and all the conditions of sentencing set forth in the records and arguments, including the Defendant’s age, sex, environment, circumstances, circumstances before and after the commission of the crime, etc., shall be comprehensively taken into account.

The elements of favorable sentencing: The defendant recognized his mistake and reflecteds, the defendant supports the mother of the age of 85, and the mother wants to take the action against the defendant.

The elements of sentencing that are disadvantageous to: (a) committed the instant crime again at the time of the lapse of three months from the date of serving and releasing a sentence for the same kind of crime.