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

Punishment of the crime

[criminal power] On June 17, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on July 16, 2010; a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on July 16, 2010; and a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on June 29, 2015; and on October 7, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on October 7, 2016.

【Criminal Facts】

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, the Defendant driven DVa car in a state of under the influence of alcohol with approximately 0.072% of alcohol content through around 1.3km, from around 22:15 on October 15, 2018 to the roads located in the same city C from the Dog-si in Gwangju City, Gwangju-si, to the roads located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (previous records and confirmations of suspects);

1. Relevant legal provisions concerning the facts of crime and reasons for sentencing under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty;

1. Prosecutor’s opinion - Imprisonment with prison labor for a year and six months;

2. Determination - In light of the fact that the defendant's history of drinking alcohol over a six-month period of imprisonment (the second part is multiplied by the number of times) and the criminal defendant's recidivism who has completed the suspension period of the execution of the same kind of imprisonment, it is inevitable to isolate from our society

However, the fact that the defendant's confession and reflects the blood alcohol concentration is relatively high shall be considered in light of favorable circumstances.

In addition, the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are specified in Article 51 of the Criminal Act.