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

Punishment of the crime

On November 28, 2011, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Daegu District Court's gender support on November 28, 201, and on January 18, 2013, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution and became final and conclusive on the 26th of the same month.

On January 19, 2014, at around 11:10, the Defendant driven a DNA cargo vehicle while under the influence of alcohol of about 0.289% of the blood alcohol concentration at the 4km section from the Defendant’s house located in Seongbuk-gun, Gyeong-gun, to the new-line container for the same military inside-house container.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Investigation report (related to the blood alcohol concentration of a suspect), investigation report (related to the result of re-calculation of the quantity measured by drinking);

1. Previous records before ruling: Application of criminal records, investigation reports, and criminal investigation reports (verification during the same type of power and suspended execution period);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. The reason for sentencing [unfair circumstances] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [limited to the reasons for sentencing] - The defendant has a history of criminal punishment on several occasions due to drunk driving (three times of suspended sentence, three times of fines), and the defendant is currently under suspended sentence due to drunk driving (four times of suspended sentence), while he/she is currently under suspended sentence, he/she is engaged in driving at once without being aware of it - The high level of drinking water of this case - The fact that he/she recognizes his/her mistake and reflects his/her intention - the fact that he/she supports the mother of the aged who is not good health. It is so decided as per Disposition.