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

Punishment of the crime

【Criminal Records of Crimes】 On September 10, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and on October 26, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court.

【Criminal facts” around March 13, 2018: (a) around 20:40, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.128% from the 4km section of blood, to the 0,000-distance front of the 0.128% long-distance road located in the Singu Sin-ri, Sung-gun, Sung-gun, Sung-gun, Sung-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. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, written investigation report (the previous confirmation), copy of summary order, and other Acts and subordinate statutes in four copies;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity mitigated, even though the Defendant had been punished five times or more due to drinking alcohol, including the suspension of the execution of imprisonment with prison labor, and again committed the instant crime, and the numerical value of alcohol concentration during blood is also reasonable.

In addition to drinking, the Defendant has been punished for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, Violation of Road Traffic Act, and Non-licensed Driving, etc., and despite the repeatedness of the court, the Defendant repeats acts that cause considerable danger to road traffic.

As such, it is judged that the punishment of the defendant who lacks the risk of punishment is insufficient to prevent recidivism by itself.