A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 16, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) in the support of the Incheon District Court, and completed the execution of the sentence in the Seoul Southern Prison on May 18, 2017.

On August 4, 2010, the Defendant received a summary order of KRW 2,50,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 2,50,000 for a violation of the Road Traffic Act, and a fine of KRW 3,50,000 for a violation of the Road Traffic Act from the Incheon District Court Branch of the Incheon District Court on September 14, 201.

At around 19:20 on June 30, 2018, the Defendant driven a CNAS car about 2 meters under the influence of alcohol concentration of 0.066% at the front of the Hawon Hawon-gun B, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal history records, investigation reports (three copies of report on results of confirmation before disposition and summary order), copies of decisions in Incheon District Court Branch of 2011 High Court Decision No. 2011 High Court Decision No. 1156, copies of Decision No. 2012 High Court Decision No. 2018 High Court Decision No. 2018, Incheon District Court Decision No. 2013No2463, copies of Decision No. 2013, Supreme Court Decision No. 2013Do1393, personal confinement status of each individual;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the same record as the previous criminal records entered in the judgment of the court below, which had been punished for drinking twice in the past. In particular, as the previous criminal records on May 18, 2017, the execution of imprisonment was completed due to a violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) and committed the instant crime even during the period of repeated offense. Since the Defendant’s normative awareness is considerably lacking, it is necessary to punish the Defendant with heavy punishment to achieve special preventive effect.