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

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 9, 2006, and was sentenced to a fine of KRW 4 million for the same crime on August 3, 2009 by the same court on August 3, 2009, and was sentenced to a fine of KRW 1.5 million for the same crime in the same court on June 7, 2013, and was sentenced to a fine of KRW 1.5 million for the same crime in the same court on December 24, 2015, and was sentenced to imprisonment of KRW 1.6 months for the same crime in the Daegu High Court on December 24, 2015 and driving under drinking twice or more on February 4, 201

[2] On June 25, 2018, the Defendant driven a CUP car under the influence of alcohol with about 500 meters alcohol concentration of about 0.120% from a 500-meter section before the exhibition center of dyste mountain vehicles located in the south-gu upstream bus terminal located in the south-gu upstream-dong at the port on June 25, 2018 to the road before the exhibition center of dyste mountain vehicles located in the same Gu.

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. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, investigation report (Attachment to a copy of a summary order, etc.);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only the history of having already been punished several times due to drinking driving, but also the Defendant committed the instant crime without being aware of the recidivism period due to the same kind of crime, and considering the fact that the blood alcohol concentration is relatively high, a sentence of imprisonment with prison labor for the Defendant is inevitable.

However, the fact that the defendant is recognized to commit the crime and is against himself, that the defendant does not repeat the crime, that there is a family member, and that there is any other family member.