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

Punishment of the crime

[2] On June 22, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon, and a fine of KRW 7 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on September 4, 2013, respectively. On June 11, 2014, the Defendant was sentenced to a suspended sentence of two years for 8 months due to a crime of violating the Road Traffic Act at the Seoul Central District Court on June 11, 2014. On July 15, 2016, the Defendant was sentenced to a suspended sentence of 6 months for six months for a crime of violating the Road Traffic Act (driving) at the Suwon District Court on July 23, 2016, and the judgment became final and conclusive on July 23, 2016.

[2] On March 11, 2018, at around 04:50, the Defendant driven a B-car under the influence of alcohol content 0.139% in alcohol during the blood, from the road near the 396 Gangnam Station in Seocho-gu, Seocho-gu, Seoul to the private distance located in the 76 athletic field as the Olympic Games in Songpa-gu, Songpa-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (to hear statements of a suspect involved in driving under the influence of alcohol);

1. Application of Acts and subordinate statutes, such as a response to inquiries, such as criminal history, investigation report (verification of a criminal suspect A's previous conviction in violation of the Road Traffic Act) and investigation report (verification during the period of probation), and judgment;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two times due to drinking alcohol driving, etc., the Defendant has been sentenced to a fine under the suspension of execution on two occasions. In particular, the instant crime is a crime during the same period of suspension of execution, and the drinking value is considerably high.