A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 2, 2013, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court on January 2, 2013, and on July 22, 2014, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (driving) at the Daejeon District Court on July 22, 2014, and was sentenced to two years of suspension of execution on July 30, 2014, and was in violation of Article 44(1) of the Road Traffic Act (hereinafter “Road Act”).

【Criminal Facts】

On May 13, 2015, the Defendant, while under the influence of alcohol of 0.0% of blood alcohol concentration at around 03:10%, driven a C-learning car owned by the Defendant for about 3 km section from the front day of the Yong-gu in Daejeon-gu, Daejeon-gu to the front day of the C-learning car in the same city-dong.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol even though he violated the Road Traffic Act more than twice as a violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records, written judgments (No. 20) and outputs of consolidated cases;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Taking into account all the conditions of sentencing, including the degree of taking alcohol again during the period of a suspended sentence of the same kind for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the motive and circumstance leading to the crime, the age of the defendant, and the background of the defendant's age;