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

Punishment of the crime

On September 3, 2014, the Defendant was issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act at the Cheongju District Court on September 3, 201, and on January 2, 2008, a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the same court on January 2, 2008, and thus violated the provisions of “the prohibition of driving under the influence of alcohol” at least twice.

On October 12, 2018, at around 08:15, the Defendant driven a D-Wz car with approximately 10m alcohol concentration 0.408% while under the influence of alcohol on the front of the “C” convenience store located in Seowon-gu, Seowon-si, Seowon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking driving;

1. The actual condition survey report;

1. Previous records: Criminal records and other inquiries, investigation reports, and application of Acts and subordinate statutes of each 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. The Defendant continues to commit the same crime even though he/she has been subject to punishment several times due to drunk driving under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation, and there are other facts that he/she has been punished by imprisonment or a fine several times due to a fluence, the amount of drinking alcohol in the instant case is very high to 0.408%, and the details of the crime and circumstances thereafter, etc., the sentence of imprisonment with prison labor is inevitable for the Defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant's age, character and conduct, environment and circumstances before and after the crime, such as receiving alcohol treatment, etc., and taking into account the defendant's age, character and conduct, circumstances before and after the crime.