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

Punishment of the crime

On June 24, 2011, the Defendant was issued a summary order of a fine of 2.5 million won for a violation of road traffic law (drinking) at the Suwon District Court’s Pyeongtaek District Court’s House on June 24, 201. On January 4, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months and suspension of execution for the same crime, etc.

Although the Defendant had had the power to drive under the influence of alcohol twice as above, he again driven Bone Star Motor Vehicle at approximately 0.164 percent alcohol level in the section of approximately 1 kilometer from Jun. 1, 2016 to the front road of the entrance of the first apartment unit located in the Eup in the Eup in the same city from Jun. 1, 2016 to Pyeongtaek-si.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Although there was a history of punishment six times (four times due to drinking) including the suspension of the execution of imprisonment due to the reason of sentencing, driving of drinking for the reason of sentencing and driving without a license under Articles 53 and 55(1)3 of the Criminal Act, a person driving under the influence of alcohol again, and the values of drinking are very high.

The sentence of imprisonment with prison labor shall be determined, in consideration of the fact that the punishment is imposed, the crime is divided, the last four years has elapsed from the previous driving of drinking, and the sentence is first imposed.