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

Punishment of the crime

[criminal power] On December 17, 2008, the Defendant was sentenced to a summary order of KRW 5 million by a fine of KRW 5 million by a violation of the Road Traffic Act (driving) at the Jeonju District Court on March 9, 2009; on October 22, 2009, the Defendant issued a summary order of KRW 5 million by a fine of KRW 5 million by the same court; on October 22, 2009, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the same court on December 21, 2012; and on August 1, 2013, the execution of the sentence was terminated by the same court on August 1, 2013.

【Criminal Facts】

On March 23, 2015, at around 23:20, the Defendant: (a) driven a vehicle under the influence of alcohol with a blood alcohol concentration of about 0.152% from the 4km section to the 1km point in the transmission intersection in the same city, which is located in the Sinsan-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and an on-site photo;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous convictions in judgment: Criminal records, investigation reports (report attached to written judgments, etc.), each written judgment, each summary order, and the application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of having been punished several times, including two times of imprisonment due to drunk driving, but the defendant also drives under the influence of alcohol during the period of repeated crime, and the blood alcohol concentration of the defendant is relatively high, a sentence shall be imposed on the defendant.

However, various sentencing conditions, such as the fact that the defendant is recognized and reflected in the crime, the reason why the driver was driven, the age of the defendant, the family environment, etc.