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

Punishment of the crime

[criminal power] On April 9, 2012, the Defendant was issued a summary order of KRW 6 million for a crime of violation of the Road Traffic Act at the Changwon District Court's Changwon Branch on April 9, 2012, and on August 28, 2009, the Changwon District Court was sentenced to a suspended sentence of KRW 2 years for a crime of violation of the Road Traffic Act and was sentenced to a suspended sentence of KRW 5 times for a same kind of drinking driving.

【Criminal Facts】

On September 2, 2014, at around 09:25, the Defendant, as seen above, driven C rocketing or other car under the influence of alcohol with approximately KRW 7 km from the parking lot for a dialogueed power source apartment located in 410 (Tho-ro 9.7), Yan-gun, Gyeongcheon-gun, Gyeongcheon-gun, Busan, to the point of 145 km at the Busan, Gyeongcheon-gu, Gyeongcheon-gun, Gyeongcheon-gun, Busan, the Defendant driven a c rocketing or other car under the influence of alcohol concentration of about 0.160 km.

Accordingly, the defendant, who was a drunk driver at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Investigation of criminal records, inquiry of criminal records, and application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation - Reasons for sentencing - Unfavorable circumstances: The defendant has a history of punishment for driving alcohol; the drinking value at the time of driving alcohol of this case is high; the defendant was sentenced to a suspended sentence of one year and six months on September 5, 2012 to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) in the Changwon District Court's smuggling support on September 5, 2012; the defendant committed the crime in this case during the suspended sentence of three years; not only committed the crime in this case but also committed the crime during the suspended sentence of one year and six months; the defendant escaped with the request of an investigative agency to undergo the suspended sentence - normal circumstances that are favorable: the defendant is