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

Punishment of the crime

[criminal history] On December 12, 201, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on September 15, 201, and a fine of KRW 2 million for the same crime at the same court on September 15, 2015, respectively. On September 21, 2017, the Incheon District Court sentenced imprisonment with prison labor for 6 months for a violation of the Road Traffic Act (unlicensed Driving) and suspended execution for 2 years on September 21, 2017, and became final and conclusive.

[2] On June 21, 2018, the Defendant driven a D Twork XG driver’s vehicle under the influence of alcohol leveling to about 0.120% of alcohol level in the section of about 5 meters from India, around 22:17, around the same day, from around 22:17 to C parking lot on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. References to inquiries, such as criminal history, investigation reports (No. 17) 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity refers to the following facts: (a) from around April 2003, the Defendant was sentenced to three times a fine due to a violation of the Road Traffic Act from around April 2003; and (b) the Defendant was sentenced to six months a suspended sentence of imprisonment for a violation of the Road Traffic Act (non-licenseless Driving) on September 13, 2017; (c) committed the instant crime during the period of the suspended sentence; (d) the Defendant was sentenced to two years a suspended sentence of imprisonment for a violation of the Road Traffic Act (non-licenseless Driving); and (e) the Defendant committed the instant crime during the period of the suspended sentence; (e) the Defendant’s blood content was 0.120% of the Defendant’s blood at the time of the instant case; (e) the Defendant’s violation of the instant crime; (e) the background and distance of the Defendant’s driving; and (e) the Defendant’s age, how and how and how to commit the instant crime.