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

Punishment of the crime

【The Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act in the support of the Suwon Flag Flag on April 27, 2009. On November 6, 2009, the Defendant was sentenced to a suspended sentence of two years for eight months due to a crime of violating the Road Traffic Act by the same court on November 6, 2009. On July 1, 2015, the Defendant was sentenced to a suspended sentence of one year for six months for a crime of violating the Road Traffic Act by the same court.

【Criminal fact-finding on May 27, 2018, the Defendant driven a Kanche vehicle owned by the Defendant under the influence of alcohol leveling 0.233% from around 500 meters away from the front of the C cafeteria located in Ansan-si Member B to the front road of the D History-gu, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc.);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows; comprehensively taking account of various circumstances, including the Defendant’s age, sexual conduct, career, home environment, motive and means of the crime; and the circumstances following the crime, etc., the sentencing conditions specified in the instant argument shall be determined as ordered.

[Unfavorable circumstances] The Defendant committed the instant crime even if he/she was punished twice as a crime of violating the Road Traffic Act (drinking) and twice a suspended sentence of imprisonment. The Defendant committed the instant crime, and the Defendant’s blood alcohol concentration is equivalent to 0.233%, the Defendant’s only taking advantage of and causing a traffic accident by taking a vehicle driving so that he/she could not properly make a bypass, and the Defendant’s criminal history and compliance awareness is highly likely to repeat the crime, and the Defendant’s wife is a good citizen.