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

Punishment of the crime

[criminal power] On September 5, 201, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Sungnam branch of the Suwon District Court on September 5, 201, and on September 29, 2011, the same court was sentenced to a suspended sentence of two years for one year and six months for a violation of the Road Traffic Act. On June 26, 2014, the same court was sentenced to a suspended sentence of two years for a suspended sentence of one year for a violation of the Road Traffic Act.

【Criminal Facts】

On October 7, 2018, at around 23:50, the Defendant driven a F Kaman car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.058% from the roads adjacent to C Station B in Seongbuk-gu, Sungnam-gu to the roads prior to “E” located in Jungwon-gu, Jungwon-gu.

Accordingly, the Defendant, who violated two times or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the status of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. MaCCTV image fluor photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the defendant was sentenced twice to a suspended sentence of imprisonment for a crime including drinking driving, even though he was sentenced twice to a suspended sentence of imprisonment for a crime including drinking driving. Since there is no previous conviction, it is inevitable to strictly punish the defendant.

However, it shall be considered in favor of the fact that the number of the defendant's drinking measurement is relatively high, and that the defendant's mistake is divided in depth, etc.

In addition, all the conditions for sentencing prescribed in Article 51 of the Criminal Code are integrated.