A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On June 19, 2006, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site source. On November 19, 2010, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act by the same court.

【Criminal Facts】

1. On April 14, 2013, at around 05:35, the Defendant driven C Poter cargo under the influence of alcohol with a blood alcohol concentration of 0.285% from the 21-6th to the 200-6nd road in Pyeongtaek-si Seo-dong.

2. On April 14, 2013, at around 07:30, the Defendant driven a Category C truck with a blood alcohol content of about 500 meters from the front of the Maritime State of the Republic of Korea to the solar road in front of the solar conference located in the same Dong from approximately 500 meters away from the roads in front of the Maritime State of the Republic of Korea to the roads in front of the solar conference in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under each driving under consideration, each report on the status of each driving under consideration, and each report on the status of each driving under consideration;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. On-site photographs;

1. Previous records before ruling: Application of criminal records, investigation reports (former records and summary orders) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant again committed the instant crime of drunk driving even though he had the record of punishment for two times due to a drunk driving, which was already punished once, and again, committed the instant crime of drunk driving in the blood alcohol concentration continuously high under 0.285% and 0.226%. In particular, the Defendant, while driving the first under the influence of alcohol, caused a traffic accident involving a parked taxi while driving under the first influence of alcohol, will bring about only the police officer’s keys to the vehicle.