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

Punishment of the crime

On March 25, 2008, the Defendant issued a summary order of a fine of three million won at the Seoul Central District Court on March 25, 2008 due to a violation of the Road Traffic Act (driving) and on April 28, 201, the Defendant was sentenced to imprisonment for not less than six months by the same court on April 28, 201 and was punished for driving under the influence of alcohol more than twice.

On April 17, 2016, at around 21:20, the Defendant driven a DNA car while under the influence of alcohol with approximately 10m alcohol concentration of about 0.186% from the Do in front of the Songpa-gu Seoul Metropolitan Subdivision to about 18-6, 3-6, the same Do in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report on the actual condition of traffic accidents, report on the detection of drinking drivers, and report on the circumstantial statement of drinking drivers;

1. Inquiry reports on criminal records, etc., and application of Acts and subordinate statutes to investigation reports (suspect's records of drinking driving);

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Act on the Selection of Criminal Crimes;

1. The punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act is to be determined within the range of punishment to be mitigated, considering the following favorable circumstances: (a) although the defendant was sentenced to a fine three-time due to a drunk driving; (b) one-time a fine due to a unlicensed driving; (c) a majority of criminal punishment serving a sentence one time due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) during driving without a license for alcohol; (d) a person recommits the instant crime; and (e) a person who has a high blood alcohol concentration