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

Punishment of the crime

[criminal power] On December 7, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Young-gu District Court’s Young-dong branch, and on July 16, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the same court. On July 12, 2017, the Defendant completed the execution of the sentence.

【Criminal Facts】

On March 19, 2019, at around 23:35, the Defendant driven a DNA-learning car in the state of alcohol alcohol concentration of about 0.179% from the 1km section from the front of the Chungcheong-gun Bloan to the front of the lower parking lot in Yong-gun, Dong-gun.

As a result, the defendant has driven a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previouss before judgment: Application of criminal records, references to criminal records, investigation reports (Evidence Nos. 24,26)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [unfair circumstances] need to be strictly punished for crimes that are likely to harm the life, body or property of another person as well as the driver himself/herself.

Although the defendant was punished several times for the same crime and was sentenced to imprisonment with prison labor, the crime of this case is very heavy at the same time during the period of repeated crime.

【Pried circumstances】 The Defendant recognized the instant crime.

The defendant, after undergoing a simple type of operation and an operation to cut the body of a person, is not good compared to the general public.

In addition, all the factors of sentencing, such as the defendant's age, reputation, health status, environment and family relationship, and circumstances after the crime, are considered as a whole.