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

Punishment of the crime

On May 19, 2010, the Defendant was issued a summary order of a fine of 2.5 million won due to a violation of road traffic law in the Changwon District Court’s smuggling support on May 19, 2010. On November 30, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law at the Daegu District Court’s Daegu District Court, and was sentenced to six months of imprisonment on May 29, 2016.

On December 17, 2017, the Defendant driven B car under the influence of alcohol leveling 0.116% from the 8km section of approximately 8km to the Cheongdo-gun Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, which is located in the Gagu-gun, Daegu-gun, Daegu-gun.

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of each of the Acts and subordinate statutes of one copy, such as a reply to inquiry, investigation report (Attachment to the summary order, etc. of the same type of crime), summary order, etc., such as criminal history;

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

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is not only that the Defendant has been punished several times due to a violation of traffic laws (drinking) but also that there is a high possibility to criticize the instant crime during the period of repeated crime. Therefore, the corresponding punishment is needed.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined in the same manner as the order.