A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 12, 2004, the Defendant was sentenced to five years of imprisonment for rape in Seoul High Court, and the execution of the sentence was terminated on June 21, 2009.

On May 17, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on May 17, 2010, and was sentenced to a fine of four million won by the Incheon District Court on August 5, 2010.

On June 21, 2012, 22:10, the Defendant driven a CCoonc car under the influence of alcohol content of 0.104% on the road at approximately 1km-dong 22:20, old walk-dong 267, walk-dong, Gyeyang-gu, Incheon, Gyeyang-do, to the entrance of the south side of the walk-dong 22:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal records and reports on his/her current status as a driver;

1. Relevant Articles of the Road Traffic Act and the choice of punishment for the crimes: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Discretionary mitigation: A repeated crime committed in the same kind of criminal records, such as the reason [frigent circumstances] reflects on the sentencing under Articles 53 and 55(1)3 of the Criminal Act, the defendant’s difficult circumstances [frigent circumstances], and the defendant’s imprisonment for drinking;