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

Punishment of the crime

[Attachment to the violation of Article 148-2(1)1 of the Road Traffic Act] On November 14, 201, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of Road Traffic Act (driving) in the Daejeon District Court’s Yanan Branch on November 14, 201. On November 8, 201, the Defendant was sentenced to a summary order of KRW 3,00,000 as a fine for the same crime in the same court on November 8, 2012. On December 11, 2014, the Defendant was sentenced to a suspended sentence of 8 months for the same crime.

[ 범죄사실] 피고인은 2017. 7. 11. 02:41 경 혈 중 알콜 농도 0.109% 의 술에 취한 상태로 아산시 온천동 모종동 주 뎀 통닭집 인근 도로에서 옛날 찐빵 앞 도로까지 약 150m 구간 B 그랜저 XG 승용차를 운전하였다.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. On-site photographs (the records of violation of Article 148-2 (1) 1 of the Road Traffic Act);

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Relevant Article 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 (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) are that the Defendant has a lot of records of criminal punishment.

Four times of imprisonment, three times of suspended sentence of imprisonment, and 12 times of fine.

Traffic crime history has also been nine times.

Even with regard to the force of drinking driving, a fine of 2 million won in 2001, a fine of 1 million won in 201, a fine of 3 million won in 2012, a fine of 3 million won in 2012, a fine of 8 months in 2014 and an order to observe and attend a training for 2 years in 2014, and a fine of 5 million won in 2014 for refusing to measure drinking.

In particular, considering the fact that the Defendant committed the instant crime before one year has elapsed since the completion of the probation period due to drinking driving, it is not reasonable to sentence the suspension of the execution of imprisonment or the fine for the instant drinking driving.

Imprisonment.