A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 28, 2009, the Defendant was sentenced to a suspended sentence of 6 months by the Cheongju District Court for the crimes of violation of the Road Traffic Act. On August 6, 2010, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for the crimes of violation of the Road Traffic Act.

On June 28, 2014, at around 13:35, the Defendant driven a Dcoon in the section of about 3 km to the front road of the cambing cambling, which is located in the Cheongju-si in a proportion of 0.239% of alcohol level in the blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the result of a suspension of drinking driving;

1. A report on detection of a host driver;

1. A statement of detection;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of court rulings and other statutes;

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, was sentenced to a fine, suspension of execution, and imprisonment in sequence by violating the Road Traffic Act several times.

Nevertheless, the Defendant committed the instant crime again, and the blood alcohol concentration is very high.

It is doubtful whether the defendant has committed a crime against the violation of the Road Traffic Act, such as drinking or unlicensed driving.

In this respect, the sentence of the defendant is inevitable.

However, the punishment is to be mitigated by considering the favorable factors of sentencing, such as the fact that the defendant reflects the wrongness and has received hospital treatment in relation to drinking, etc.

In addition to these circumstances, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and conduct, the details and contents of the crime, and circumstances after the crime.