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

Punishment of the crime

On February 24, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Pyeongtaek District Court’s Pyeongtaek site, and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act on November 14, 2014 at the Suwon District Court’s Pyeongtaek site, and six months was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act.

In addition, on September 26, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Suwon District Court of Suwon District on September 26, 2016, and completed the execution of the sentence in the female prison on March 25, 2017.

On June 16, 2019, at around 16:45, the Defendant driven a F K5 vehicle while under the influence of alcohol content 0.133%, with a section of about 10 meters from the front day of the Cju store in Pyeongtaek-si B to the front day of the Egyptian conference located in D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation status (verification of the fact that repeated crime of a suspect is pending), and the current status of confinement by individual;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation seems to be somewhat considering the circumstance in which the defendant's reason for sentencing is to be taken into account, and the distance of the driving under the influence of alcohol is shorter, and the defendant has a spouse and his age who should support the defendant, but the defendant has seven times his previous offense due to the driving under the influence of alcohol and has a high drinking level, it is inevitable to sentence the defendant to a punishment, in light of the following: (a) the defendant was driving under the influence of alcohol again during the period of repeated offense.

The sentencing elements as seen above, and the age, character and conduct, environment, motive, means and consequence of the crime of the defendant.