A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to four months of imprisonment with prison labor on July 15, 2015 with prison labor for injury, etc. at the Sungnam Support of Suwon Friwon, and the same year

9. From March 30, 201 to March 30, 2012, a fine of 4 million won is being imposed for a violation of Road Traffic Act at the Incheon District Court on March 30, 2012; and the same year.

4. 19. Fines of 4 million won for the same crime in the support to Sungnam, Dogwon method, and the same year;

9. 13. The Seoul High Court has been sentenced to imprisonment for the same crime, etc. and two years and six months, respectively, and has been punished twice or more for a violation of the Road Traffic Act;

[ 범죄사실] 피고인은 2016. 1. 21. 06:25 경 성남시 수정구 제일로 101에 있는 샛별 오피스텔 앞 도로에서부터 남양주시 오 남 읍 팔 현로 81에 있는 자연과 사람들 펜 션 앞 도로에 이르기까지 약 44km 구간에서 혈 중 알콜 농도 0.084% 의 술에 취한 상태로 B 렉스 턴 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Criminal records as indicated in the judgment: Inquiry into criminal records data, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes on the status of personal identification and confinement;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Article 53 and Article 55(1)6 of the Act on Reduction of Small Quantity refers to the defendant, during the so-called repeated crime period, committed a crime of violation of the Road Traffic Act due to driving of the instant drinking, and during that period, the defendant was punished for driving of drinking or driving without a license. Although the instant case was under control after drinking at night in the preceding day, it was under control, and the amount of drinking alcohol was not high.

Even if the risk of driving under the influence of alcohol is not limited to time, the sentence is not imposed in light of the criminal records of the defendant, and the sentence is legally binding upon the sentenced party.