A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 16, 2007, the Defendant was sentenced to imprisonment for eight months with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on August 16, 2007, and on July 23, 2010, the said court was sentenced to imprisonment for eight months for a violation of the Road Traffic Act.

On October 31, 2018, at around 20:40, the Defendant driven a D liquid sports car while under the influence of alcohol concentration of about 0.118% in a section of approximately 1m of blood alcohol in the front of C in Yangyang-si B.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant driven a motor vehicle under a relatively high level of 0.118% of blood alcohol concentration. As a result, the occurrence of a traffic accident involving the outer wall of the board structure of which many people provide meals, and many things located inside the building were written, and the outer wall was blicked, and thus, the risk of the crime was considerable.

Therefore, the illegality of the instant crime is high.

In addition, the defendant has been punished four times due to drinking driving in the past.

In particular, on August 16, 2007, the Defendant was sentenced to 8 months of imprisonment for drinking and driving without a license by this court. On July 23, 2010, the Defendant committed the instant crime even though he was sentenced to 4 months of imprisonment by this court due to drinking driving.

In light of this point, it is judged that the punishment up to her attitude alone is insufficient to prevent recidivism, and there is a heavy punishment to achieve the special preventive effect against the defendant.

Therefore, the defendant will be sentenced to punishment.