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

Punishment of the crime

On December 1, 2011, the Defendant was issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of Daejeon District Court on December 1, 201, a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s military mountain support on December 26, 2011, and a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s military mountain support on December 8, 2015. On December 22, 2017, the Defendant was sentenced to one year of imprisonment for a special injury, etc. in the Jeonju District Court’s military mountain support on December 24, 2018 and completed the execution of the sentence in the wooden Prison on October 24, 2018.

On February 24, 2019, at around 06:05, the Defendant driven a f bargaining passenger car at approximately 4 km from the 4km section to the roads front of the Eju station located in D at the same time, under the influence of alcohol content of 0.122% of the blood alcohol concentration of the Defendant.

Therefore, even though the defendant was punished not less than twice due to drinking driving, he again driven a motor vehicle while under the influence of alcohol in violation of this.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, and reports on the circumstantial statements of drinking drivers;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Evidence List Nos. 11), judgment, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Determination of punishment as ordered by comprehensively taking account of the following conditions of sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the Defendant’s age, character and conduct, environment and circumstances before and after the instant crime, etc., and all the conditions of sentencing indicated in the records.

The fact that there was a history of punishment several times for the same crime, the fact that the crime of this case was committed during the period of repeated crime is recognized and is against the crime of this case, and there is no record of criminal punishment exceeding the fine due to the same crime.