A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On October 16, 2007, the Defendant issued a summary order of 700,000 won to a fine for a violation of the Road Traffic Act in the Jeonju District Court’s military mountain support, and on November 9, 2012, sentenced to a fine of 5 million won by the same court as the same crime. On December 28, 2015, the Defendant was sentenced to a fine of 8 months by the Jeonju District Court for the same crime, etc. on March 1, 2016 and completed the execution of the sentence in the military prison on March 1, 2016.

On December 23, 2018, at around 01:35, the Defendant driven the said car under the influence of alcohol content of about 0.097% from the 1km section to the front road of the D store located in the next city in the next city in the next city in the next city in the next city in the same city E.

As a result, the defendant was punished twice or more due to drinking driving and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, criminal investigation reports (Attachment to judgment), copies of judgment, etc., investigation reports (verification of the date of release from court), and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act of the choice of punishment, imprisonment choice (it has been punished twice for drinking without a license since 2000, once for drinking without a license, once for driving without a license, once for driving without a license, and once for driving without a license). In particular, the fact that a person was sentenced to imprisonment for eight months in 2015 and completed the execution of the sentence, which led to the driving under the influence of alcohol in this case, and the blood alcohol concentration level was not lowered to 0.097%, after completion of the enforcement of the sentence, etc. is considered as follows:

1. Article 35 of the Criminal Act among repeated crimes;

1. Consideration for discretionary mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the crime is recognized and reflected and that there is no other criminal records other than those subject to punishment for traffic-related crimes, such as drunk driving, etc.);