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

Criminal facts

On December 12, 2008, the Defendant was sentenced to six months by imprisonment with labor for a violation of road traffic laws at the Ulsan District Court on December 12, 2008, and was sentenced to eight months by imprisonment with labor for a violation of road traffic laws at the Changwon District Court on November 23, 2010.

On May 16, 2015, the Defendant, while under the influence of alcohol content of 0.115% from blood transfusion around 07:35 on May 16, 2015, driven B Poter, from around 44-10 to the front-distance road located in the early 7km-ro of the Busan metropolitan city from the 3rd-ro, Busan metropolitan area, Kimhae-si, the Defendant driven B Poter in the 7km section.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the same type of judgment attached thereto);

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

1. Selection of imprisonment with prison labor chosen;

1. A comprehensive consideration of the following factors: (a) the details and distance of driving of drinking alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the degree of drinking alcohol; (c) the past record of criminal punishment for the same type of crime, including three times a sentence; and (d) the fact that a trial is refused, while hiding the location thereof; and (c) the sentence like the order was determined.