A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 19, 2012, the Defendant was sentenced to a fine of 4 million won for a violation of road traffic laws (drinking driving) at the Seoul Central District Court on July 19, 2012; on February 13, 2014, the Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic laws (drinking driving) at the Daegu District Court Kimcheon Branch on February 13, 2014; on October 11 of the same year, the said judgment became final and conclusive on October 11 of the same year; and was currently subject to suspended sentence on more than two occasions.

[2] On March 12, 2016, at around 02:40, the Defendant driven B-low car under the influence of alcohol level of about 0.124% while under the influence of alcohol level of about 10km in the section of about 10km from the road in which it was located in the Plish Fire Station located in the Plish-gun, Gandong-gun, Gandong-gun, Seoul, to the road in front of the Gandong Fire Station in the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: Although the defendant had been subject to punishment several times for the same kind of crime in the past, the defendant committed this crime again during the suspension period of execution due to the same crime.

The defendant was punished by a fine for non-licensed driving, etc. during the period of suspension of execution, and the defendant's blood alcohol concentration exceeds 0.1%.

A favorable condition: