A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On July 13, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 13, 2012, and the judgment became final and conclusive on July 21, 2012, but the suspended sentence was revoked on April 15, 2014. On May 30, 2014, the Defendant was sentenced to a four-month imprisonment for a violation of the Road Traffic Act at the Seoul Central District Court, and was released on December 24, 2014, and the period of parole was expired on January 25, 2015.

On November 9, 2015, around 21:47, the Defendant driven a c car while under the influence of alcohol with approximately 500 meters alcohol level 0.117% from the 500-meter section to the same Eup/Myeon from the day before the influence of the trade name of the Jindong-gu, Jinyang-gu, Jinyang-si to the front of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Response to a request for appraisal;

1. Records of judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verification of drinking records and repeated crimes, and submission of a written request for cancellation of suspension of execution by the Seoul Central Prosecutor's Office);

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

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

1. According to Articles 53 and 55(1)3 of the Criminal Act, the Defendant committed a crime of violation of the Road Traffic Act due to driving under the same type of repeated crime for the reason of sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity, taking into account the fact that the instant drinking value was high, causing the risk of an accident due to the high drinking level, and the fact that the criminal history due to driving under the influence of alcohol was large during that period, the sentence cannot be imposed, and thus, the Defendant is legally detained while sentencing a sentence.