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

Punishment of the crime

[criminal power] On March 9, 201, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on March 9, 201; on March 20, 2012, the Defendant was sentenced to imprisonment with prison labor and two or more times for a crime of violation of the Road Traffic Act (driving) by being sentenced to imprisonment with prison labor for the same crime at the Daegu District Court on March 20, 201; on February 16, 2017, the Jeonju District Court sentenced one year and four months to imprisonment with prison labor for a crime of violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the said sentence on October 19, 2017.

【Criminal Facts】

On June 28, 2018, at around 02:20, the Defendant driven an EM5 vehicle from the frontway of the “C” located in the Daegu Northern-gu Seoul Northern-gu B to the front direction of the “D” in the same Gu under the influence of alcohol content of 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Previous records before and after judgments: Criminal history records, investigation reports (Attachment to the suspect's previous records, court rulings, etc.), and application of Acts and subordinate statutes on the personal accommodation status;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant had already been punished several times, including imprisonment due to drunk driving, and the Defendant committed the instant crime without being able to do so during the period of repeated crime due to the violation of the Road Traffic Act (unlicensed driving) and the blood alcohol content of the instant case is relatively high, a sentence of imprisonment with prison labor for the Defendant is inevitable.

However, in light of the fact that the defendant recognizes his own crime and reflects the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the arguments of this case, the punishment as ordered shall be determined.