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

Punishment of the crime

On October 30, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act at the Gwangju High Court of Gwangju on June 30, 2012, and sentenced eight months for a crime of violation of the Road Traffic Act at the Jeonju District Court's military support on September 25, 2013, and was released on June 30, 2014 during the execution of the sentence by the Jeonju District Court on June 30, 2014 and the parole period passed on August 6, 2014.

On April 26, 2016, around 03:01, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 4 km alcohol concentration of about 0.210% from the 7km section of the blood alcohol content from 587-31 to the 2nd road of the 587-31 Do-dong, Jeollabuk-si, Jeollabuk-do, Jeollabuk-do, Jeollabuk-do to the next city.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, 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. Requests for appraisal;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (former records and confirmation reports), investigation reports (prior to repeated crimes and report on confirmation);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The sentence shall be imposed on a criminal defendant who has had a record of multiple times of punishment due to the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for the punishment under Article 55(1)3 of the same Act because he/she repeats drinking during the period of a repeated offense, and the nature of such offense is not

However, the punishment as ordered shall be determined by taking into consideration the fact that the defendant has recognized and reflected his/her mistake, and all other circumstances constituting conditions for sentencing, such as the defendant's age, character and conduct, family environment, etc.