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

Punishment of the crime

On April 23, 2014, the Defendant was issued a summary order of a fine of one million won for a crime of violating road traffic law (drinking driving) at the port branch of the Daegu District Court on April 23, 2014, and was sentenced to imprisonment with labor for the same crime in the same court on April 7, 2016.

Despite the fact that the Defendant had violated Article 44(1) of the Road Traffic Act more than twice, the Defendant driven an Obenz car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.090% from the 50-meter section to the front road of the market with respect to the other road located in the south-gu upstream-dong, Nam-gu, Sinpo-si, Seoul, on October 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, copy of judgment, etc., such as criminal history;

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. Determination of punishment as ordered by comprehensively taking account of the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

A favorable circumstances: A favorable circumstances that reflect: A person was sentenced to a sentence for the same kind of crime, and again commits the driving of the instant drinking during the appellate trial, and there is a record of criminal punishment for several times including criminal records.