A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On August 14, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of road traffic law at the Suwon Flag Flag method center on October 21, 201, sentenced to a fine of KRW 5,00,000 to a fine of KRW 10,000 due to a crime of violation of road traffic law (driving under drinking), and on December 20, 2012, the Defendant was sentenced to imprisonment of KRW 8 months for a crime of violation of road traffic law (driving under drinking) at the Southern Flag support center of the Gwangju District Court on December 20, 201, and the execution of the sentence was completed in the F

[2] Defendant 1, who had been punished for a violation of the Road Traffic Act (driving of alcohol) more than twice as above, driven Droper XG car at the section of approximately 1.5 km from the Do in front of the restaurant located in the 228 Eup/Myeon/Dong-dong, Chungcheongnam-gu, Namnam-gu, Seoul, in the state of being under the influence of alcohol by 0.116% during blood transfusion around October 29, 2015 and driving Droper XG car at the section of approximately 1.5 km in front of the building located in the south-gu, west-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions: Application of Acts and subordinate statutes of subparagraph (A) of a reply to inquiry, such as criminal history, report of investigation (the previous convictions and results of confirmation of repeated crimes), five rulings, and current status of personal confinement (A);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. A favorable circumstance is that the defendant's reason for sentencing of Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) is against his/her own mistake.

However, the defendant has already been punished for six times or more due to drinking driving and has other records of being punished several times due to driving without a license or traffic accident crime.

In addition, even though the crime of this case was committed during the period of repeated crime due to the same crime, the trial was avoided for a long time.

The sentence of imprisonment on the accused is inevitable.

specific sentence.