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

Punishment of the crime

On May 8, 2012, the Defendant received a summary order of KRW 2 million from the Seoul Southern District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), and on August 7, 2017, the Defendant received a summary order of KRW 3 million from the Incheon District Court as a crime of violation of the Road Traffic Act (driving under the influence of alcohol) and received a fine of KRW 3 million on at least two occasions.

On October 29, 2018, at around 03:40, the Defendant driven a Cknife car with a blood alcohol concentration of about 0.082% from the 3km section of the Michuhol-gu Incheon, Michuhol-gu to the front road of Michuhol-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of traffic accidents and reports on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of replys to criminal records, etc., investigation reports (former and previous) 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: the Defendant’s blood alcohol concentration (0.082%) and driving distance, the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the commission of the crime, etc. shall be determined by comprehensively taking account of the following conditions of sentencing as ordered.

The defendant had been punished twice as a crime of violation of the Road Traffic Act since around 2012, and again committed the crime of drunk driving in this case. At the time of the crime of drunk driving in this case, the defendant shocked a vehicle that was trying to change the course from the front side to the left-hand side, and in light of the degree of damage of the defendant's vehicle and damaged vehicle, the degree of the traffic accident is relatively heavy, and the defendant committed a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents or the Act on Special Cases concerning the Aggravated Punishment, etc. (Doing Vehicle).