A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The defendant was sentenced to the suspension of the execution for 6 months by imprisonment with prison labor for a crime of violating road traffic law (drinking) at the credit support of the Suwon Flag Flag on November 10, 2008, and on January 15, 2014 at the Incheon District Court, the defendant was sentenced to the suspension of the execution for 6 months by a crime of violating road traffic law.

[Criminal facts] On September 21, 2018, around 05:15, the Defendant driven a B low-speed car with alcohol content of 0.13% in blood while under the influence of alcohol from the south-si, Namwon-si to the vicinity of the Namwon-si, Namwon-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

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

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) of the Act on Reduction of Small Quantity into account have had the record of being punished for driving under the same kind of drinking at least twice as stated in the first head of the crime in the judgment. In particular, even though the Defendant had a heavy record of causing a traffic accident while driving under the influence of alcohol at around 2008 and has caused a traffic accident and caused the victim to a brain death, the Defendant again committed the instant crime of drinking under the influence of alcohol.

The Defendant was also involved in an accident where other vehicles stopped in the course of driving alcohol of this case.

At the time of the instant crime, the Defendant’s blood alcohol concentration is relatively high.

In light of these circumstances, punishment by sentence is inevitable.

However, the fact that the defendant reflects his mistake in depth, the fact that the defendant does not seem to have habitually driven drinking, is considered as favorable to the defendant, and all other sentencing conditions specified in the argument of this case are considered.