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

Punishment of the crime

[criminal history] On December 10, 2013, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Busan District Court.

On August 17, 2016, the Defendant was sentenced to a suspended sentence of two months in August, 2016 by the Jeju District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (unclaimed measures after an accident), and the judgment became final and conclusive on August 25, 2016.

[Criminal facts]

1. On January 18, 2017, the Defendant violated the Road Traffic Act (drinking) on January 18, 2017, the Defendant driven a DNA car under the influence of alcohol level of about 0.182% in the 500-meter radius from the Do in front of the village restaurant in the waters of Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si to the front side of the entrance of the same Eup/Myeon at the 500-meter radius from the Do in front of the entrance of the luminous sea in the same Eup/Myeon.

2. 2017. 2. 17. 경 도로 교통법위반( 음주 운전) 피고인은 2017. 2. 17. 02:52 경 서귀포시 성산읍 고성 리 부근 도로부터 같은 리에 있는 벵듸 가름 정류장 앞 도로까지 약 300m 구간에서 혈 중 알코올 농도 0.181% 의 술에 취한 상태로 D 테라 칸 승용차를 운전하였다.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act, as a person who violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of each driver placed in driving, statement of alcohol during blood, and notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes for investigation reports (fixtures, etc.);

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) (i.e., self-driving on January 18, 2017) of the Road Traffic Act concerning criminal facts; Articles 148-2(1)1 and 44(1) (i.e., self-driving on February 17, 2017) of the Road Traffic Act; and each decision of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are determined by the Defendant.