A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On October 4, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million at the Changwon District Court on May 11, 2015, the Defendant was issued a summary order of KRW 3.5 million with a fine of KRW 3.5 million at the Changwon District Court on May 11, 2015, and on May 17, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 months with imprisonment for a crime of violation of the Road Traffic Act (driving) by the same court on May 17, 2017, and the sentence becomes final and conclusive on the 25th of the same month.

【Criminal Facts】

On February 23, 2019, at around 06:20, the Defendant driven Cchier car under the influence of alcohol with approximately 0.152% of blood alcohol concentration in the 1km section from the Go-do, Changwon-si to the area of the road in front of the same Gu B apartment.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Criminal records, inquiry reports (A), investigation reports (verification of the period of suspension of execution of punishment and attachment of the same military records), application of three copies of written judgments;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant reflects misunderstanding in depth; and (b) the Defendant does not further repeat the sentence.

In fact, there was no actual accident.

However, the defendant has committed a second offense without being aware of the past five times of punishment due to drinking driving.

Furthermore, the Defendant’s crime of this case was committed during the period of suspension of execution after being sentenced to two years of suspension of execution in 8 months of imprisonment due to drinking or non-licensed driving.

The defendant's state of alcohol is also very high by 0.152% of alcohol concentration.