A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal record] On September 10, 2004, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, a summary order of KRW 1 million for the same crime in the same court on November 22, 2006, and a summary order of KRW 3 million for the same crime in the same court on May 25, 2009, respectively.

[2] The Defendant: (a) committed a violation of the provision on prohibition of drinking under Article 44(1) of the Road Traffic Act on two or more occasions; (b) on December 21, 2016, at around 07:00, the Defendant driven a Bwing-III cargo vehicle with approximately five kilometers from the vicinity of the Gwanak-gu, Seoul Special Metropolitan City, to the road in front of 236, while under the influence of alcohol at approximately 0.154% in alcohol while under the influence of alcohol; and (c) thereby driving a Bwing-III cargo vehicle.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Photographs (No. 7 once a year);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (Confirmation of the same criminal record and summary order of the suspect);

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

1. Selection of imprisonment with prison labor (to punish the defendant as imprisonment with prison labor in consideration of the circumstances such as the fact that the defendant was punished three times due to drinking alcohol driving in the past and again commits the instant crime, the fact that alcohol concentration in blood is high at the time of detection, and the crime of this case is committed without being during the suspension of execution);

1. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 of the Criminal Act (the circumstances that the defendant has not been punished by imprisonment without prison labor or any heavier punishment before the case in this case) and above.