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

Punishment of the crime

[criminal power] On August 24, 201, the Defendant was sentenced to 8 months imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court on September 7, 201, 6 months of imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court on September 7, 2016, and 1 year of suspended execution, and 10 times of imprisonment with labor for a violation of the Road Traffic Act.

【Criminal Facts】

At around 18:50 on March 31, 2019, the Defendant driven a E liquid sports cargo vehicle while under the influence of alcohol exceeding 0.05% of alcohol level from the front road of the “C” located in Suwon-si, Suwon-si B to the front road of the same Si/Gun/Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (in the case of the Bamark formula for the blood alcohol concentration at the time of driving a suspect), investigation report (in the case of the application of the Bamark formula);

1. Notice of the results of the drinking driving control, and a record of blood alcohol concentration;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant had a record of being punished more than 10 times due to drunk driving, and the Defendant was punished more than 2 times as a suspended sentence of imprisonment and 4 times as a prison sentence.

Nevertheless, the drinking driving of this case was carried out again.

In the case of drinking driving, the risk of it is very high, so it is necessary to be punished for severe punishment in a case where drinking is conducted repeatedly without being against the defendant as the defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake, and other conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are various.