A defendant shall be punished by imprisonment for six months.

Criminal facts

Some of the facts charged were corrected.

On February 15, 2011, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on February 15, 201, and on May 22, 2014, the Defendant was sentenced to a suspended sentence of two years for eight months.

Although the Defendant violated the provision on the prohibition of drunk driving twice or more on May 8, 2019, the Defendant driven B K5 cars at the section of about 140km from the 140km to the point below the middle-west Highway located in the Magwon-gun, Namwon-gun, Namwon-gun, Namwon-si, in the state of under influence of alcohol by 0.104% of alcohol level on May 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was sentenced to a fine in around 201 due to drunk driving, etc.; and (b) the suspension of the execution of imprisonment in around 2014; (c) the Defendant was subject to a stay of the execution of his/her blood alcohol concentration of 0.104% on an expressway, and was subject to the Central Separation Zone while driving a vehicle on an expressway with his/her own alcohol density of 0.10

Before the two preceding cases, the Defendant was driving a vehicle in the state of 0.15% or more of blood alcohol level, and the Defendant was driving another vehicle, and caused the driver, etc. to be injured.

This is mainly considered in light of the circumstances, and the defendant shows an attitude to recognize and reflect the defendant's mistake, and there is no other criminal records other than the above criminal records, and the age, character and behavior of the defendant.