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

Punishment of the crime

On August 5, 2015, the Defendant was sentenced to a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court on August 5, 2015. On October 8, 2010, the Defendant was sentenced to imprisonment for three months for a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court on October 8, 2010.

Although the Defendant had been punished twice or more due to drinking driving, on April 6, 2019, at around 16:30, the Defendant driven a vehicle Epoter II under the influence of alcohol concentration of approximately 0.227% in a section of about 700 meters from the roads near the Gongju-si, Chungcheongnam-si, Chungcheongnam-si to the roads near the Dentwon located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Traffic accident report, accident site photograph, notification of the results of the drinking driving control, report on the situation of drinking drivers, and control manual; and

1. Previous records: The application of criminal records, inquiry and other 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been subject to criminal punishment several times for the same kind of crime. In particular, at the Daejeon District Court, on October 26, 2017, the Defendant was sentenced to the suspended sentence for the crime of violation of the Road Traffic Act (unlicensed Driving) in the year of the suspended sentence for 2 years, and again committed the instant crime, even though he was under the suspended sentence for 2 years. The blood alcohol concentration concentration at the time of the instant crime was significant, and the Defendant’s favorable circumstances are against the instant crime. Considering the driving distance at the time of the instant crime, the age, character and conduct of the Defendant, family relationship, and family relationship, the motive for the instant crime, and the circumstances after the instant crime, the sentence is determined as ordered by taking into account the various factors of sentencing as shown in the arguments in the instant case,