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

Punishment of the crime

[criminal history] On November 8, 2013, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law in the resident support of the Daegu District Court on November 8, 2013, and on March 19, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on March 27, 2015, and the said judgment became final and conclusive on March 2015.

[2] On August 12, 2016, Defendant 1 driven a D-wing truck under the influence of alcohol content 0.096% in blood, while under the influence of alcohol level 0.096% in front of the Defendant’s house located in Daegu Suwon-gu Suwon-gu, Daegu-gu, U.S., at around 07:25 on August 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation reports, and application of Acts and subordinate statutes of criminal records of suspects;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: The defendant has been punished three times for the same kind of crime including the defendant's act of causing a traffic accident causing another person's death by drinking alcohol and the defendant has escaped without taking relief measures, and the crime of this case was committed on March 19, 2015; the crime of this case was committed during the suspension period of execution sentenced on March 19, 2015; the crime of this case was committed under the influence of drinking: the crime of this case was committed under the influence of drinking; the defendant's family and support relation, age, sexual behavior, intelligence and environment; the motive, means and consequence of the crime; and the circumstances after the crime of this case, etc.; the punishment of this case shall be determined as ordered by taking into account various factors of sentencing as shown in the arguments of this case, such as the crime of this case.