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

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment with prison labor on July 23, 2014 by the Suwon Franchisor, etc., and completed the execution of the sentence on February 24, 2015. On March 27, 2013, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Suwon Flag Franchisor on March 27, 2013; and on August 9, 2012, the same court received a summary order of KRW 1.5 million as an identical crime.

[2] On August 20, 2016, around 01:35, the Defendant driven a car with B low alcohol level of about 2 km in the direction of alcohol level of 0.102% while under the influence of alcohol level of 0.102%, from the front of the Jin-si fishing place located in 851-1, Jin-si, Jin-si, 851-1 to the front of the Yongcheon-si fishing place.

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of a driver of a drinking alcohol, a report on the results of regulating the driving of drinking alcohol, and a ledger of using measuring instruments;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) an investigation report (a) accompanied by summary written orders, and a report on confirmation of the date of release);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Prosecutor’s opinion - Imprisonment with prison labor for a year and six months;

2. Determination - Imprisonment with prison labor for a period of six months, taking into account the defendant's records of driving drinking over several times.

However, the amount of punishment shall be mitigated by taking into account the favorable circumstances that are not the records of the same repeated crime, and the punishment shall be determined by taking into account the various sentencing conditions under Article 51 of the Criminal Act as shown in the records and arguments, such as the occupation, age, sexual conduct, environment, motive, means and consequence of the crime of this case at the time of the crime of this case, such as the circumstances after the crime.