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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 28, 2008, the Defendant was sentenced to a fine of one million won as a violation of the Road Traffic Act (drinking driving) at the District Court of the Republic of Korea on October 28, 2008, and three million won as a fine by the same court on March 16, 2015.

On September 13, 2016, the Defendant driven a G Poter in the state of alcohol leveling 0.113% of alcohol level from the D parking lot in Yacheon-si, Gyeonggi-do to the front road in E, while under the influence of alcohol leveling from approximately 1.5km to the front road in E.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Investigation report and internal investigation report (as regards ctv images of cct motor vehicles booms, video and convenience points):

1. On-site photographs and photographs by cutting down booms;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to judgment of a driver who drives the same kind of drinking);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

Although the defendant has already been punished twice due to drinking driving, it is disadvantageous that he/she once again drives drinking.

However, there is no record of punishment exceeding the fine due to the same crime, and other defendant's person.