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

Punishment of the crime

On December 4, 2009, the Defendant issued a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act (drinking driving), on April 19, 2012, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Sungnam support center, and on November 6, 2013, for a violation of the Road Traffic Act (drinking driving) at the Sungnam support center, the Defendant was sentenced to a summary order of KRW 3 million. On November 6, 2013.

On September 24, 2017, the Defendant driven a B-be motor vehicle under the influence of alcohol content of about 0.196% in the section of approximately 3km from the road near the Heging Center in the Dongging Center in Young-gu, Suwon-si to the roads near the Heging Center in which it is impossible to find out the trade name located in the Dongging Center in the Dongging Center in the Young-si, Suwon-si, the Defendant driven a B-be motor vehicle under the influence of alcohol content of about 0.196% in the 3km section of alcohol.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of previous records);

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 reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for the crime of this case on the reason of sentencing under Article 55 (1) 3 (the forward sentence) of the Act on the Reduction of Small Quantity is that although the defendant had been punished twice or more due to drinking, the defendant's driving of a motor vehicle under the influence of alcohol at 0.196% of alcohol while he was under the influence of alcohol, the crime is not good, the defendant's blood concentration is relatively high, the defendant has a history of serving seven times as punishment (five times of punishment, five times of suspended sentence, and two times of suspended sentence) due to the same traffic offense of violation of the Road Traffic Act. In particular, the defendant is sentenced to imprisonment for six months.