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

Punishment of the crime

On July 12, 2017, the Defendant was issued a summary order of a fine of six million won by committing a violation of the Road Traffic Act (driving) at the Suwon District Court on July 12, 2017, and was sentenced to a suspended sentence of two years by the same court on December 6, 2017.

Criminal facts

On November 17, 2018, at around 01:25, the Defendant, while under the influence of alcohol of 0.110% of blood alcohol concentration, was driving a DNA car at a section of about 600 meters from the 0.110% of alcohol concentration to the front road of convenience store C located in B from the fluence Eup.

As a result, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle again while under the influence of alcohol despite the power of driving a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to a copy, etc. of judgment), copies, etc. of judgment, and application of Acts and subordinate statutes to report prior to disposition and results of confirmation;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, as stated in the judgment of the court below, had a record of multiple times of punishment, such as a suspended sentence once, due to drinking driving, re-driving during the suspended period.

The time interval between each drinking case, including the instant case, is considerably short.

In addition, the blood alcohol concentration is considerably high, and the defendant has been punished several times due to the crime of the same kind, not only once but also by the crime of the same kind.

In light of the above circumstances, it is necessary to make the defendant separate from society for a certain period of time to stop drinking, and to have the time of a serious reflectiveness. Therefore, it is inevitable to sentence the defendant's sentence.

(2).