A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On February 14, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for an injury to his/her existence at the District Court, and completed the execution of the sentence in his/her prison on November 15, 2013.

On the other hand, the Defendant received a summary order of KRW 700,000 from the Jung-gu District Court on July 3, 200 to a crime of violating the Road Traffic Act (drinking), and from the Jung-gu District Court on November 13, 2014 to a crime of violating the Road Traffic Act (drinking), the Defendant received a summary order of KRW 8 million from the Jung-gu District Court on November 13, 201.

[Criminal facts] On November 28, 2015, the Defendant driven a car of the Defendant’s possession in the state of alcohol alcohol level of about 0.128% during blood alcohol level from around 3K meters to around 3 Km from the street where it is impossible to know about the Sucheon-gu Seoul Metropolitan City Macheon-si Macheon-si, Chungcheongnam-gu, Pakistan-si from around 22:16 on November 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of inquiries about management of the master report;

1. Previous convictions: A written reply to inquiry, such as criminal history, investigation report (the attachment report of the summary order in the related case), each judgment, and personal confinement status [the indictment contains the records on "crimes of Violation of Road Traffic Act", which is irrelevant to the requirements of Article 148-2 (1) of the Road Traffic Act, which is premised on a person who has violated at least two times Article 44 of the Road Traffic Act "Article 44 of the Road Traffic Act". However, according to the evidence submitted by the prosecutor, the defendant was under the influence of drinking even around May 16, 200, and was issued a summary order on July 3, 200, and it does not affect the exercise of his/her right of defense, such as the confession of the criminal defendant, and thus ex officio correction is made].

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing pursuant to Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the instant crime was committed without being aware of it during the period of repeated crime, and that the person was punished by a fine due to driving under drinking even recently.