A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 28, 2013, the Defendant received a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) from the Daejeon District Court’s branch on October 28, 2013. On May 9, 2012, the above court was sentenced to a suspended sentence of ten months for the reason of a violation of the Road Traffic Act (driving). On April 25, 2014, the above court sentenced eight months to imprisonment for a violation of the Road Traffic Act (Free Driver) and completed the execution of the sentence in the area of the Seosung Prison on October 31, 2014.

On August 2, 2016, at around 00:15, the Defendant driven CL125 Oral Ba while under the influence of alcohol content 0.16% from the 1km section to the front road of the “LL125 Oral Hall,” which is located in the Cheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the same criminal records and confirmation of repeated crimes, current status of confinement of individuals);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. An unfavorable circumstance is that a person repeats a crime despite the past record of punishment several times for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

After the crime, it is more favorable that it reflects on the disposal of the ozone, the treatment for the improvement of drinking habits, etc.

Such circumstances and the defendant's age, character and conduct, circumstances after crimes, etc. shall be taken into consideration.