A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 1, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Incheon District Court’s Busan District Court’s Branch Branch, and on November 10, 2008, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Incheon District Court’s District Court’s Branch, and on November 29, 2012, the Defendant was sentenced to imprisonment of ten months due to a violation of the Road Traffic Act (drinking driving).

On May 17, 2018, the Defendant driven B K7 car in the state of alcohol alcohol level of about 0.194% from the 5km section from May 17, 2018 to the 23-lane culture, Nam-gu, Incheon Metropolitan City.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Each photograph;

1. Report on the circumstances of driving under the liquor:

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

1. In light of the fact that there is a history of punishment several times including the same kind of crime with the reason for sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter “the reason for sentencing”) of the Act on the Mitigation of Small Quantity, more severe punishment on the defendant is inevitable in view of the fact that the defendant is highly highly likely to have a high level of alcohol concentration during the period of probation without being aware of it during the period of probation.

However, it shall be considered that there is a favorable circumstance in favor of the defendant, such as the age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc.