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

Punishment of the crime

On March 16, 2009, the Defendant issued a summary order of KRW 1 million as a fine for a violation of Road Traffic Act (drinking driving) at a public order branch of the Daejeon District Court on March 16, 2009 and KRW 2.5 million as a fine for the same crime at the same court on July 6, 2009.

On December 27, 2017, at around 19:15, the Defendant driven a B-hand car under the influence of alcohol content of approximately 0.093% from the 2km section, from the front of the cafeteria Schina, “Schina Schina Schina,” which is located in the Jeju-dong, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of drinking control;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds), including the previous convictions, the Defendant had a record of driving alcohol three times, and had a record of driving alcohol again while being served with a summary order issued.

Although the defendant was punished for minor punishment for a large number of drinking driving, he/she again drives drinking.

In order to suspend the execution of a fine or imprisonment with prison labor, the defendant's serious reflection or vision cannot be expected.

Therefore, the defendant is sentenced to imprisonment.

However, a considerable period of time has elapsed since the Defendant committed the instant crime, and circumstances favorable to the fact that the Defendant did not have any other criminal record, other than traffic-related crimes.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the following factors: the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc. and various sentencing conditions shown in the trial process.