【The Defendant was issued a summary order of KRW 3.5 million on November 30, 2015 with a fine of KRW 3.5 million on the grounds of a violation of road traffic laws at the Jung-gu District Court on the part of November 30, 2015. On January 11, 2016, the Seoul Central District Court issued a summary order of KRW 5 million on the grounds of a violation of road traffic laws (driving), and on May 12, 2016, the Seoul Northern District Court sentenced imprisonment of 1 year and 6 months and 3 years of a suspended sentence, etc. on May 20, 2016.

【Criminal facts, while under the influence of alcohol content of 0.160% on March 7, 2018 at around 01:49, the Defendant driven a Fenz S500-L car from the front of a restaurant located in Dobong-gu Seoul Metropolitan Government B to the front of the oil station located in Dobong-gu Seoul Metropolitan Government, to approximately 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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 for mitigation of a small amount of driving have already been punished three times or more by drinking, and the driving of the instant drinking is a crime under the suspension of execution due to the same kind of crime.

It shall be held that the defendant shall be held responsible for the defendant's heavy responsibility.

I would like to select the defendant's imprisonment with prison labor.

As long as the sentence of imprisonment is chosen, the sentence under the law is inevitable, and when determining the term of the punishment, it seems that the health of the defendant is insufficient, if this judgment becomes final and conclusive, it appears that the previous conviction in the judgment will be invalidated, and that the defendant divided his mistake and reflected against himself, the lower limit of the term of the punishment was reduced through the reduction of the amount of the punishment.

In addition, the defendant's age, sex, and the crime of this case.