Defendant

A Imprisonment of eight months and fines of three thousand won, and Defendant B shall be punished by a fine of one thousand five hundred and five hundred won, respectively.

Punishment of the crime

[Defendant A’s criminal records] Defendant A was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic laws at the Jung-gu District Court on August 28, 2008, and was sentenced to a summary order of KRW 2 million for a crime of violating road traffic laws at the Jung-gu District Court on February 16, 2012.

[Criminal facts]

1. On May 16, 2016, Defendant A driven CM3 car owned by Defendant A while under the influence of alcohol content of about 0.199% from the 2.6km section to the roads of the mutual influent restaurant in the Geum-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Geumyang-do to the roads of the same Eup/Myeon 295-16.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. On May 16, 2016, the Defendant 2, around 23:30 on May 16, 2016, in the mutual influent restaurant located in the Geum-do, Nam-do, Chungcheongnam-do, Chungcheongnam-do, Seoyang-si, with A, and thereafter, Defendant 2 prevented the keys of the said car to assist the Defendant in driving the car in a normal manner while under the influence of 0.199% alcohol while driving the car in a state of 0.199% alcohol during blood.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the results of telephone conversations of a wooden person) (the record of the crime committed by Defendant A);

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes to a report of investigation (former and conclusive);

1. Relevant legal provisions and selection of types of punishment concerning the facts constituting the crime;

(a) Defendant A: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Concurrent punishment of imprisonment and fine pursuant to Article 158 of the Road Traffic Act);

B. Defendant B: Articles 148-2(1)1 and 44(1) of the Road Traffic Act, Article 32(1) of the Criminal Act (elective selection)

1. Reduction of assistance (as to Defendant B), Article 32(2) and Article 55(1)3 of the Criminal Act are as follows.