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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 27, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. on the Pyeongtaek-gu District Court, on April 22, 2008, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act at the Pyeongtaek-gu District Court’s Eunpyeong-gu Housing Site. On September 9, 2010, the Defendant was sentenced to a suspended sentence of KRW 1 year and 2 months for a violation of the Road Traffic Act on September 11, 2015, and was sentenced to a suspended sentence of 3 years for a violation of the Road Traffic Act at the Suwon District Court on September 11, 2015.
On July 6, 2018, at around 00:10, the Defendant driven a motor vehicle under the influence of alcohol twice or more, by driving a Bco-sports motor vehicle under the influence of alcohol with approximately KRW 70km alcohol concentration of at least 0.073% from the section of about 70km from the road near Pyeongtaek-dong of Pyeongtaek-si to the road near the 53km-dong of Daejeon Sungdong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A circumstantial statement of a drinking driver;
1. Application of investigation reports (verification of the same kind of drinking power) Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The grounds for sentencing under Articles 53 and 55(1)3 (hereinafter referred to as the following favorable circumstances) of the Criminal Act for discretionary mitigation are recognized and reflected, and the amount of drinking alcohol is less than 0.1%, or the amount of recidivism during the period of suspension of the execution of the same kind of crime is less than 0.1%, the risk of operating section, and multiple kinds of criminal records, etc., are not less than those provided for in the crime liability. In full view of the defendant's age, character and behavior, environment, circumstances leading to the crime, circumstances after the crime, etc., the punishment shall