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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 28, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon method and was sentenced to a summary order of KRW 5 million for the same crime, etc. on January 11, 2010, and on June 21, 2013, the Defendant was sentenced to a suspended sentence of KRW 10 million for the same crime, etc. on June 29, 2013, and was sentenced to a suspended sentence of KRW 2 million for the same crime on June 29, 2013.
[2015 Highest 1702] On October 5, 2015, the Defendant driven a car with C low alcohol content of about 0.230% under the influence of alcohol on the section of about 1k for alcohol from the front of the trade influence in the vicinity of Pyeongtaek-si coal station to the front of the string distance in the same city, from October 21, 2015.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same paragraph.
[2016 Highest 336] On October 4, 2015, the Defendant driven a car with C low alcohol level 0.285% under the influence of alcohol level on the section of about 10km from the front of a main point where it is impossible to identify the trade name in Pyeongtaek-si coal at around 22:20 on October 4, 2015 to the front of the middle distance in the Osan-si market.
As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement on the circumstances of the driver at each driving school;
1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Determination as to the application of sentencing guidelines for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume: The O defendant who is not subject to the application has a large number of past drinking driving skills and is subject to suspended sentence in 2013.