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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 18, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Changwon District Court on the following grounds: (a) on December 26, 201, the Defendant was sentenced to a suspended sentence of 3 million won for a violation of the Road Traffic Act; (b) on January 24, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Changwon District Court on March 17, 201; and (c) on March 17, 2016, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act at the Changwon District Court on the grounds of a violation of the Road Traffic Act.
On October 30, 2018, at around 21:40, the Defendant driven a DN-si car in the state of alcohol with approximately 50 meters alcohol concentration of 0.172% from the 50-meter section to the front parking lot of the Masan-si C Center in Changwon-si, Changwon-si.
Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;
1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment, etc.);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant has been punished several times due to drinking driving (the three-time period of suspended sentence of imprisonment), the fact that the defendant recognized the mistake and reflects it, the driving distance is short, and the defendant's age, family relationship, drinking volume of this case, etc. are considered and determined as the same as the order.