A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal record] On May 31, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) in the inn of the Suwon Friwon Friwon. On June 18, 2012, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the Daegu District Court Kimcheon support, and on February 28, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for the same crime and completed the execution of the sentence on December 28, 2014.

[ 범죄사실] 피고 인은 위와 같이 도로 교통법위반( 음주 운전) 죄로 2회 이상 처벌 받은 전력이 있음에도, 2017. 3. 12. 09:18 경 구미시 상 서서로 69에 있는 모던 하우스 앞 도로에서부터 구미시 상모로 33에 있는 뽈 살 3 번지 앞 도로에 이르기까지 약 200m 구간에서 혈 중 알콜 농도 0.104% 의 술에 취한 상태로 B 오피 러스 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (Attachment to the same type of judgment, etc. attached to the same type of judgment), summary order, text of judgment, and the current status of personal expropriation;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant has a total of eight criminal punishments, including four imprisonment for the same crime.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is not low.

However, the defendant is re-convened with the crime of this case.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, family relationship, and circumstances after the crime, including the background of driving the drinking of this case.