A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 6, 2015, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On January 5, 2017, the Defendant was sentenced to a suspended sentence of two years for six months from imprisonment with labor for the same crime from the Vice Branch of the Incheon District Court.

On June 5, 2019, at around 02:32, the Defendant driven CM7 car while under the influence of alcohol of about 0.107% in the section of about 2 km from around the transmission details near the 43th in Seocheon-si to the roads near the same city roads.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a driving under the influence of alcohol, report on the control of a driving under the influence of alcohol, inquiry into the results of the control of a driving under the influence of alcohol, and circumstantial statement of

1. Previous records of judgment: Application of criminal records, reply reports to criminal records, investigation reports to the prosecution (verification of the same type of power and the period of suspended execution);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation - The defendant has the record of having been sentenced to a fine due to a drunk driving twice, and the record of having been sentenced to a suspended sentence of imprisonment for a limited term of imprisonment one time.

- The Defendant was sentenced to a suspended sentence of imprisonment for committing a crime of violation of the Road Traffic Act in 2017, and committed a crime of attempted quasi-rape during the suspended sentence period. On January 18, 2019, the Daejeon High Court sentenced the crime of attempted quasi-rape to two years of suspended sentence on January 26, 2019 and sentenced to a suspended sentence of two years of imprisonment for the crime of attempted quasi-rape, which became final and conclusive on January 26, 2019.

- The same type of crime has been repeated and the crime has been committed during the suspension of execution, and the defendant should be sentenced to imprisonment with prison labor.

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