A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On August 4, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch branch on December 23, 2010, a fine of two million won for the same crime in the same court on February 12, 2013, a fine of five million won for the same crime in the same court on July 17, 2014, and the same court on July 17, 2014, respectively, for the same crime, on August 8, 200, and on June 11, 2015, and was released on September 1, 2016 by the same court on June 30, 2016.

【Criminal Facts】

As above, the Defendant, while under the influence of alcohol, violated two or more provisions on the prohibition of driving, once again, driven the E-bow truck in the state of alcohol with approximately 2 km from the area of approximately 0.157% alcohol level from around March 29, 2019 to the front road located in D in the same city C at the common apartment parking lot around 22:32, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal history records, repeated statements, investigation reports, etc. and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences by law: Imprisonment for one year to six years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Imprisonment with prison labor for the defendant of ten months has the same kind of power; and

In particular, if a person who has violated two or more regulations on prohibition of driving under the influence of alcohol on June 11, 2015 and July 17, 2014, once again drives under the influence of alcohol on two or more occasions as stated in the first head of the judgment, the record of punishment under the aggravated punishment is two times, and this case is a repeated crime of the same kind before June 11, 2015.

Considering this point, it is judged that the defendant cannot effectively restrain the recidivism with the suspension of execution or fine.