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

Criminal facts

On November 10, 2011, the Defendant sentenced four months to imprisonment for a violation of the Road Traffic Act (refluence of measurement) in the Goyang Branch of the District Court for the violation of the Road Traffic Act (refluence of measurement), and completed the execution of the sentence on February 7, 2012.

On June 19, 2013, the Defendant was under the influence of alcohol content 0.229%, and around 15:51 on June 19, 2013, the Defendant driven a CBa car at a section of approximately 6km from the gold set distance on the port side of the Sinju-si, Pakistan-si to the bus stops located in the Sinsan-Eup, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. The legal statement of witness D and E;

2. Request for appraisal, appointment of a senior executive officer, report on dismissal of drivers (No. 6 No. 12 and 17) and investigation report (Evidence List No. 12 and 17);

3. Previous conviction in judgment: Application of Acts and subordinate statutes on criminal records and personal identification;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (2) 1, and 44 (1) of the Road Traffic Act;

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

3. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant committed the instant crime during the period of repeated crimes despite the past that he/she had been punished several times due to his/her act of drinking alcohol driving or refusing to take a alcohol test even in the past; and (b) the fact that drinking driving is dangerous in terms of the risk of causing serious human and physical harm, etc., which are disadvantageous to the Defendant.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.