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

Punishment of the crime

[Criminal Power] On January 16, 2009, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act by the Gwangju District Court. On May 16, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution at the Gwangju District Court.

【Criminal Facts】

On March 18, 2019, at around 01:05, the Defendant driven a DMW car under the influence of alcohol content of about 200 meters from a 200-meter section from the front point of mutually unfluence in Gwangju Northern-dong to the front road in B, and at least 0.119% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection of a host;

1. Previous records: Application of a reply to inquiries, such as criminal records, investigation report [including attached sentences of the same kind of force, and attachment of a summary order (including attached sentences of judgment and summary order];

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Serious punishment is required for repeated drinking-driving crimes in light of the social risks of the crime of driving under the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

I would like to say.

However, if the defendant has long history, he was punished for four times prior to the crime of this case or for drinking driving, and one of them was subject to suspended execution.

On the other hand, although human damage has not occurred frequently, it is revealed that the defendant's crime of drinking by causing a traffic accident has been revealed.

It is difficult to see that the defendant's risk of recidivism related to the crime of drunk driving is low, and even if considering the favorable circumstances of the defendant's assertion, it is difficult to punish the defendant through a minor punishment.

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.