A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 28, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the leisure support of the source method of water source, and on August 8, 2018, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment for a violation of the Road Traffic Act (drinking driving) and for a violation of the Road Traffic Act (drawing driving). The judgment became final and conclusive on August 17, 2018.

On September 2, 2018, the Defendant, even though the driver’s license of a motor vehicle was revoked on September 19:13, 2018, driven a DNA-based motor vehicle under the influence of alcohol from about 4km to about 0.172% of alcohol level in the direction of the Haju City from the Haju-si to the front of the Haju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Reporting on the detection of any case of violation of traffic laws on roads;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The rationale for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity and the reflection thereof are considered as favorable circumstances. However, the fact that the instant crime was committed again during the period of suspended execution due to the same kind of crime, the drinking volume, etc. shall be considered as unfavorable circumstances.

In this context, the sentencing conditions of Article 51 of the Criminal Code are considered to be revoked, such as the defendant's age, sex, environment, health condition, place of driving, and the suspension of execution of all criminal facts.