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

Punishment of the crime

[criminal power] On June 5, 2009, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Daegu District Court. On February 2, 2010, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for a crime of violation of the Road Traffic Act. On May 30, 2012, the same court sentenced the imprisonment for 8 months to 8 months for a crime of violation of the Road Traffic Act. The execution of the sentence was completed in the Daegu Correctional Institution on September 25, 2013.

【Criminal Facts】

On October 23, 2015, the Defendant, while under the influence of alcohol of 0.243% of blood alcohol concentration at around 11:16, driven a vehicle BM520m from the section of approximately 3 km from the front of the restaurant for Ganyang-si, Seoyang-gu, Seoyang-gu, Busan, to the front road of the Jinyang-Eup located in the same city, Jin-si Do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions: References to criminal records, investigation reports (report on the facts during the period of repeated crime of a suspect), copies of judgment, and application of Acts and subordinate statutes concerning personal identification and confinement;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) although the Defendant had been punished several times due to driving under drinking, etc. (four times of fine, one time of suspended execution, and one time of suspended sentence), and (b) has been driving under the influence of drinking at once, the corresponding punishment is inevitable.

Moreover, the Defendant did not know even during the period of repeated crime due to the same criminal act, while driving the instant drinking, and since the blood alcohol concentration level is very high, the quality of the crime is not easy.

However, considering the fact that the defendant is led to the crime, the age, character and conduct, intelligence and environment of the defendant, the motive, means and consequence of the crime, the circumstances after the crime, etc., various sentencing grounds as shown in the argument of this case are considered.