A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on January 7, 2003; on November 1, 2007, the same court was sentenced to a fine of three million won for the same crime; on March 23, 2009, the same court was sentenced to a fine of three million won for the same crime; on May 25, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court; on September 14, 2012, the Defendant was sentenced to a suspended sentence of six months for imprisonment with prison labor for the same crime; and on September 14, 2012, a person who drives drinking two or more times after being sentenced to a suspended sentence of six months for the same crime in the same court.

[2] On March 12, 2018, the Defendant driven B Poter truck under the influence of alcohol with approximately 0.237% alcohol concentration from around 1km to around 987 of the same Myeongho-ri Don-ri on the road in Yongcheon-si, Yongcheon-si, Sacheon-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (to be bound with copies of the previous and summary orders, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentence shall be imposed in consideration of the fact that the Defendant, on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity, has already been punished several times, including the suspension of the execution of imprisonment, due to drinking, even though he/she had already been punished several times due to drinking driving, and that the blood alcohol concentration is very high.

However, considering the fact that the defendant is led to confession and reflect, the fact that the defendant does not repeat the crime, the age, sex behavior, environment, family relationship, motive and consequence of the crime, and other various circumstances shown in the arguments of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.