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

Punishment of the crime

[criminal history] On December 16, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court, and on August 25, 2010, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in August 25, 201 and a fine of KRW 8 million for the same crime in the same court on July 7, 201.

[2] On August 26, 2017, Defendant 1, who was punished twice or more due to the crime of violating the Road Traffic Act (driving of alcohol), was driving Cysta car under the influence of alcohol leveling 0.139% from the 1km section from the 1km section to the front road of the Gu-Si court in the Gu-U.S., Si/Gu-U.S., Si/Gu-Eup, Seoul Special Metropolitan City on August 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Response to a request for appraisal;

1. Previous convictions: Application of the provisions of 5 parts of the Act and subordinate statutes, such as a reply to inquiry, such as criminal history, investigation report (a majority of the criminal records of the suspect's drinking driving), and

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the Act on the Reduction of Small Amount of Punishment has the history of six criminal punishment including imprisonment with prison labor for the same crime.

At the time of the instant case, the alcohol concentration level of the Defendant’s blood is also high.

However, the defendant is re-competing.

The defendant has no record of criminal punishment for a crime of the same kind for the last six years.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.