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

Punishment of the crime

[criminal history] On October 17, 2006, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1,500,000 by the Incheon District Court for a violation of the Road Traffic Act (driving). On March 14, 2014, the same court issued a summary order of KRW 2,50,000 due to a violation of the Road Traffic Act (driving).

[2] On February 26, 2018, at around 10:40, the Defendant driven Done Starex vehicles under the influence of alcohol content of about 800 meters from the front of the Defendant’s house located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon to the front road of the Dong-gu, Incheon Metropolitan City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, investigation report (No. 17 and 19 on a net basis), copy of summary order, and copy of judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act of the Reduction of Small Quantity is the fact that the defendant was sentenced to five times a fine due to the crime of violating the Road Traffic Act since 2000, and the defendant also has the record of being sentenced to two years of suspended execution, order to attend a lecture, and order to provide community service on September 29, 2016 (the defendant was sentenced to two years of suspended execution, order to attend a lecture, and order to provide community service on September 29, 2016). The defendant's alcohol content (0.21% of the defendant's blood at the time of the instant case) was high, and the defendant's speech and behavior were divided into snow and snow, and it seems necessary to reduce the defendant's walking difficult. The defendant's accident that the defendant stops on the right side of the road due to the violation of the Road Traffic Act, and the defendant's motive to commit the instant crime and his age.