A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 15, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on July 28, 2008, a fine of 1 million won for the same crime at the Busan District Court on July 28, 2008, 6 million won for a fine of 1.6 million won for the same crime in the Changwon District Court’s territorial branch on June 11, 2015, and on January 28, 2016, to a suspended sentence of 2 years for six months.

On 01. 03. 01. 21:45, the Defendant driven B rocketing car in the state of alcohol concentration of about 0.085% in approximately 20 meters from the front of the old city of Yongsan-dong, the old city of Yongsan-dong to the front road of the same Gu, and from around 20 meters from the 20m section of blood alcohol level to the same Gu-ro 42 and/or 2nd-dong post office.

As a result, the defendant was punished not less than twice as a crime of violating the Road Traffic Act, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following conditions favorable to sentencing), including a suspended sentence of imprisonment, is that the defendant was punished four times due to drinking, including a suspended sentence of imprisonment (other than that, the defendant has been punished four times due to driving without a license and one time due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents), and that the defendant again committed the instant crime immediately after the period of suspended execution, is disadvantageous to the defendant.

However, considering the favorable circumstances that the Defendant recognized the instant crime and reflects his mistake, that there was no record of having been sentenced to imprisonment with prison labor, and the sentencing as shown in the trial process of the instant case, such as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.