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

Punishment of the crime

[Criminal Power] On February 9, 2009, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Daegu District Court, and on September 4, 2009, the Defendant was sentenced to imprisonment with prison labor for ten months and for two years of suspended execution. On May 14, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution.

【Criminal Facts】

On October 22, 2018, at around 19:15, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content 0.172% at approximately 1.5km from the front of the “C” factory located in Daegu-gun B to the front of the “E Center” located in Daegu-gun D, to the road of the “E Center” located in Daegu-gun:

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Investigation report on actual condition, report on the control results of drinking driving, and circumstantial statement of drinking drivers;

1. An accident site photograph;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and statutes;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) a fine of 500,000 won for a violation of the Road Traffic Act in 2002; (b) a fine of 500,000 won for a violation of the Road Traffic Act in January 2003; (c) a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; (d) a fine of 3 million won for a violation of the Road Traffic Act in March 2003; (b) a fine of 1 million won for a violation of the Road Traffic Act in February 2009; (c) a violation of the Road Traffic Act in September 2009; (d) a violation of the Road Traffic Act; (e) a violation of the suspended sentence of 2 years; and (e) a violation of the Road Traffic Act in March 2013.