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

Punishment of the crime

On February 1, 2008, the Defendant was issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act (driving alcohol) at the Suwon Friwon method, on June 4, 2008, and on July 30, 2008, sentenced to the suspension of the execution of imprisonment with prison labor for the same crime from the Hongsung Branch Support of the Daejeon District Court on June 4, 2008, and two years for the same crime from the Hongsung Branch Support of the Daejeon District Court on July 30, 2008.

On May 30, 2015, the Defendant driven a BF rocketing car under the influence of alcohol content of approximately 0.073% from the 300-meter section to the 2nd road of the “Advance medical equipment,” located in the same city-si from the Mobel in front of the Mobel, who is not aware of the trade name in the Habdo-dong-dong-si around 12:30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver of the main place of business and an investigation report (related to calculation of alcohol concentration in the blood);

1. Previous convictions in judgment: Application of the provisions of 5 copies of the Acts and subordinate statutes, such as inquiry report and text of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment have already been punished five times due to drinking driving, and among them, the suspended sentence of imprisonment is included two times.

In addition, in full view of the statements made by the Defendant and the driver of the vehicle at the time of the traffic accident and the statements made by the Defendant at the time of the crackdown on drinking, the circumstance that the Defendant conceals his crime by following the driving of alcohol is also revealed.

In light of this point, since the nature and circumstances of the crime of this case are considerably good, it is inevitable to sentence the defendant as a sentence.

However, there are favorable circumstances such as the fact that the defendant does not repeat again, and the time when the defendant was punished due to drinking driving in full before 2008, the defendant was not punished due to drinking driving, etc. for about seven years.