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

Punishment of the crime

【Criminal Records of Crimes】 On August 28, 2007, the Defendant was sentenced to five months of imprisonment due to a violation of road traffic laws (drinking) at the Seoul Northern District Court (Seoul Northern District Court) and the judgment became final and conclusive on October 26 of the same year. On August 22, 2011, the Seoul Central District Court issued a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of road traffic laws (dacting driving) at the same year.

9. 16. A person who has violated Article 44(1) of the Road Traffic Act two or more times, such as a final and conclusive summary order.

【Criminal facts” around September 16, 2017, around 22:25, the Defendant driven Falba while under the influence of alcohol content of 0.184% from the front way of “C” located in Dobong-gu Seoul Metropolitan Government, to the front way of E-ro located in Gangnam-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records that the Defendant had already been punished several times due to driving under drinking, and there are two times the records that the Defendant was sentenced to a punishment due to driving under drinking.

Nevertheless, in the condition that the driver's license is revoked level, the driver was driving the instant Otoba while causing a physical traffic accident.

The defendant is bound to choose a sentence of imprisonment with prison labor, and the defendant does not comply with the summons of the court for about 10 months after the prosecution and runs away from the court and the circumstances after the crime are not good.

In determining the term of punishment, the minimum of the term of punishment was reduced by taking into account the fact that the defendant seems to be healthy, that the defendant repents and reflects his/her mistake, and that he/she has no record of the same kind of crime during the last six years.