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

Punishment of the crime

On December 4, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic laws at the District Court of the Jung-gu District on December 4, 2007, and was sentenced to a suspended sentence of 2 years for a violation of road traffic laws at the Jung-gu District Court on December 8, 2016. The Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic laws.

On September 13, 2018, around 19:30 on September 13, 2018, the Defendant driven a Fystren car in the state of alcohol alcohol 0.079% of alcohol content in blood, with approximately 1km from the street in front of the fishing place located in Pyeongtaek-gun B to the street in D.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

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

1. Investigation report (report on the situation of driving in the main place);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantities have past records of punishment five times as a crime of driving alcohol or of refusing to measure drinking alcohol.

In particular, on December 4, 2007, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspended sentence due to drinking or non-licensed driving by this court, and on December 8, 2016, the Defendant committed the instant crime again during the period of suspended sentence even though he was sentenced to imprisonment for 6 months, 2 years of suspended sentence, protection observation and attending order due to drinking driving by this court.

In light of this point, it is judged that the punishment up to her attitude alone is insufficient to prevent recidivism by the defendant, so heavy punishment is needed to achieve the special preventive effect against the defendant.

Therefore, the sentence shall be imposed on the defendant, and all the sentencing conditions that were shown in the process of the record and change of the defendant's age, sex, environment, motive and circumstance of the crime, etc. shall be considered as the order.