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

Punishment of the crime

[criminal history] On June 29, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 700,000 for the same crime in the same court on May 27, 2009, respectively. On December 17, 2009, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime in the same court.

[2] Although Defendant 1 had been punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a Droper vehicle under the influence of alcohol concentration of approximately 0.237% from the section of approximately 300 meters from the public parking lot in front of the Cheongdoro cafeteria, which is located in the Gu-U.S. Sin-si, Seoul, to the front road of the Cheongdoro Cheongdo-ri apartment located in the same Dong, around February 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, inquiry into the results of crackdown on drinking, and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the Act on the Reduction of Small Amount of Punishment has the history of criminal punishment for five times including imprisonment with labor for the same kind of crime.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is considerably high.

However, the defendant is re-convened with the crime of this case.

In the above circumstances, the defendant has no record of being subject to criminal punishment for the same kind of crime between about 7 and 8 years, and the defendant's age, sex, family relationship, and the circumstances after the crime, including the circumstances under which he/she had been driving this case, shall be determined as ordered by taking into account all the conditions of sentencing including the defendant's age