A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On August 31, 2017, the Defendant had been sentenced to eight months of imprisonment by the Cheongju District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (unclaimed Measures after Accidents), and the period of parole on March 30, 2018 during the execution of the sentence and on April 28, 2018.

2. Around 21:00 on May 27, 2019, the Defendant driven a D-wing and solid freight vehicle while under the influence of alcohol 0.262% of alcohol concentration from the front of the petition-gu, Cheongju-si to the front of the same Gu C, approximately three kilometers away from May 27, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the inspection of occurrence of the case and a written statement of control;

1. Investigation report (report on the circumstances of an immigration driver);

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Application of two copies of the Act and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (prior to and confirmation of repeated crimes), personal confinement status, and outputs of written rulings;

1. Relevant Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was punished four times by a fine for drunk driving before the instant crime was committed, while driving a vehicle on December 22, 2016.

Although punishment of imprisonment was imposed due to the occurrence of traffic accidents and relief of victims, etc. as stated in its holding, it is against the disadvantage of the defendant, such as the fact that the vehicle was driven in the course of a repeated crime and the fact that it was found to be guilty of the crime, such as the fact that the vehicle was driven in the course of a repeated crime, and that it is against the wrong recognition of the crime, sale of the vehicle, etc., a majority of the defendant's will not repeat the crime, such as selling the vehicle, etc., more favorable circumstances such as age, character and behavior, family relationship, criminal history, etc.