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

Punishment of the crime

[Power of crime] The Defendant was sentenced to a suspended sentence of two years in August 24, 2014 by the Chuncheon District Court on December 24, 2014 in addition to those who had been sentenced to a suspended sentence of two years, the same record of crime was three times more.

[Criminal facts] On May 11, 2018, the Defendant driven CV cruise car on the front side of the Yangju-si in Gyeonggi-do, under the influence of alcohol content of 0.221% during blood around 21:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of traffic accidents and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of previous convictions and judgment);

1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (in the event of a request for parking, there is reason to consider the driving of the instant drinking during the mobile parking, short of the driving distance, and considering the violation of the instant crime) of the Act on the Mitigation of Small Quantity, the Defendant may have a criminal record of driving alcohol twice, and the criminal record of a suspended sentence is two times among them, and the most recent criminal record of a suspended sentence is not a criminal record of 2014 for a long time.

At the time of the instant case, the Defendant’s blood alcohol concentration was high (0.221% of blood collection, 0.146% of respiratory measurement), and the Defendant incurred physical traffic accidents without being limited to simple driving of alcohol at the time of the instant case.

In consideration of all these points, a sentence shall be imposed on the accused.

However, the Defendant, upon receiving a request for parking lot, has reasons to consider the reason why the Defendant was driving the instant drinking while driving, and is short of the driving distance of drinking, the Defendant’s violation of the instant crime, and the blood alcohol concentration by blood gathering as well as the blood alcohol concentration by breath measurement, shall be determined by comprehensively taking into account the alcohol concentration in the blood while driving the instant drinking.