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

Criminal facts

[criminal history] The Defendant is a person who was sentenced to imprisonment for six months with prison labor for a violation of road traffic law at the Suwon District Court on November 28, 2007; imprisonment for two years with prison labor for the same offense in the same court on September 2, 2010; imprisonment for two years with prison labor for the same offense; imprisonment for five million won with prison labor for the same offense from the Suwon District Court on May 8, 2013; and imprisonment for two years with prison labor for the same offense in the same court on August 20, 2015.

[Criminal facts] On August 8, 2018, the Defendant driven an E cargo vehicle while under the influence of alcohol leveling 0.118%, 0.18%, among blood alcohol level, from the G market to the D in front of the D located in C, at around 21:35, 2018.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation, and applying Acts and subordinate statutes to investigation reports (verification of the same criminal records as the suspect);

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. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

Defendant has no previous conviction of imprisonment due to driving of alcohol.

Circumstances unfavorable to the defendant are as follows:

Although the defendant had been sentenced to criminal punishment more than three times due to drinking driving, as well as previous criminal records written in the judgment of the defendant, the crime of this case has been committed again even though he had been sentenced to criminal punishment.

In 2010, the Defendant was sentenced to imprisonment for 6 months due to driving without a license for driving without a license and was guilty of violating traffic laws and regulations several times.

. The above.