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

Punishment of the crime

[criminal power] On September 24, 2015, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on September 24, 2015, and one year of imprisonment with prison labor and two years of suspended sentence at the Seoul Central District Court on April 5, 2017.

【Criminal Facts】

On May 21, 2019, at around 21:25, the Defendant driven a e-learning car under the influence of alcohol content of about 0.092% from the 2km section to the front of the D convenience store located in C from the D Dormitory in front of the Chungcheongnam-gun B, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal records, reply reports (A), investigation reports (former and confirm), judgment, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Discretionary mitigation of sentence three times within five years for sentencing under Articles 53 and 55(1)3 of the Criminal Act. In particular, the sentence of the suspended sentence of imprisonment due to driving without a license for drinking, and the period of the suspended sentence, has passed after the end of the period of the suspended sentence, and the crime is repeated within a short period. In addition, the sentence of imprisonment should be imposed in consideration of these circumstances, taking into account the blood alcohol concentration (0.092%), previous blood alcohol concentration (0.78%, 0.180%), Defendant’s occupation, and other factors, to the extent of discretionary mitigation.