A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court on January 7, 2008. On February 3, 2009, the defendant was sentenced to a suspended sentence of 2.5 million won for a crime of violating the Road Traffic Act in the same court on February 3, 2009. On November 28, 2012, the defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act in the same court on November 28, 2012.

[Criminal facts] On August 16, 2017, around 16:41, 2017, the Defendant driven a knife car at approximately 9km section from the roads to the roads located in each Dong-dong, Daegu National University located in Busan National University to the roads located in the Dong-gu, Daegu National University. The Defendant driven a knife car with alcohol content of about 0.139% while under the influence of alcohol content during blood.

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. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume is that the defendant reflects the crime late at the latest. However, in light of the fact that the defendant had already been punished several times for the same kind of crime (including those subject to suspended sentence three times) and that the degree of alcohol content is considerably high at the time of driving the drinking of this case, and that the risk of drinking driving is realized by causing a traffic accident that entails physical damage while driving the drinking of this case, it is inevitable to punish the defendant by causing a traffic accident that entails physical damage (which was agreed with the victim and thus not prosecuted).

In addition, the arguments of this case, such as the age, sex, environment, motive and circumstances of the crime, and circumstances after the crime, etc.