A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 4, 2016, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act at the Busan District Court, etc. on April 15, 2014, a summary order of a fine of 3 million won due to a violation of the Road Traffic Act (drinking) at the same court on April 15, 2014, and a suspended sentence of 2 years due to a violation of the Road Traffic Act (drinking) at the Changwon District Court on April 22, 2015.

On January 29, 2018, around 23:58, the Defendant driven BP car under the influence of alcohol content of 0.192% in a section of approximately 90 meters from 177,000,000,000,000,000,000 from 177,000,000,000,000,000,000.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant was punished four times due to drinking, driving without a license, and one-time suspended sentence, and the Defendant was sentenced to a fine for driving without a license after being sentenced to a suspended sentence in 2015. In particular, since the Defendant was sentenced to a fine for driving without a license after being sentenced to a suspended sentence in 2015, it is difficult to achieve the purpose of punishment due to a fine or a suspended sentence.

The sentence shall be imposed in consideration of the fact that the alcohol concentration in the blood was very high, and that the risk was also high, while being laid down in the back of the road while under the influence of alcohol and was found to have been locked.

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.