A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On April 10, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Youngju District Court’s Yeongdeungpo-dong branch on April 10, 201, and the same court on August 27, 2015 issued a summary order of KRW 5 million for the same crime, respectively. On June 8, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.

【Criminal Facts】

On November 25, 2018, at around 19:43, the Defendant driven a DNA 1 ton cargo vehicle under the influence of alcohol level of about 500 meters from the road front of the dwelling of the Defendant in the Chungcheongbuk-gun B to the road adjacent to C, while under the influence of alcohol level of about 0.110%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle in a drunken state.

Defendant

In addition, criminal facts were revised to the extent that there is no infringement of the right of defense of counsel.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and statement in circumstances of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the option of criminal facts;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [The reason for sentencing] is recognized by the defendant.

There is no distance from the defendant's drinking driving.

The instant crime did not lead to a traffic accident.

[Unfavorable Circumstances] The drinking-driving is a crime that is likely to inflict damage on the life, body, or property of another person as well as the driver himself/herself.

The Defendant was punished by a fine or suspended execution on five occasions due to drinking driving prior to the instant crime, but again the instant crime was committed, and the liability for the instant crime was heavy.

Other character and conduct of the defendant's age and reputation.