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

Punishment of the crime

On March 16, 2009, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in the Hongsung branch of the Daejeon District Court on March 16, 2009, and on March 15, 2012, the Defendant was sentenced to a suspended sentence of two years for more than two months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving).

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, on October 13, 2018, at around 23:15, the Defendant driven B rocketing car while under the influence of alcohol with approximately 6km from the northwest-gu, Seo-gu, Seoan City to the event distance. The Defendant driven B rocketing car in the influence of alcohol with approximately 0.197% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification of suspect's records of drinking driving at least twice);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable circumstances among the reasons for sentencing) lies in the confession and reflect of the instant crime. On the other hand, the drunk driving is a very dangerous crime that may raise the possibility of traffic accidents and may cause unexpected conduct to the life and family of his own as well as other persons. In order to prevent it, the Defendant has no choice but to bear strict responsibility for the relevant act. The Defendant committed the instant crime even if he had had the record of punishment twice, including the record of criminal facts in the judgment, which was punished twice twice as a suspended sentence due to drinking driving, etc. including the record of criminal facts in the judgment. In addition, the blood alcohol concentration level in the instant case, etc.