A defendant shall be punished by imprisonment for nine months.

Punishment of the crime

On October 2, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of road traffic law (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On June 14, 2012, the Defendant was sentenced to a summary order of KRW 5,00,000 to a fine of KRW 1,50,000 for the same crime. On January 24, 2013, the Seoul Western District Court was sentenced to imprisonment for 8 months and 2 years of a suspended sentence.

Criminal facts

Although the Defendant had been punished twice or more due to drinking driving, at around 11:00 on April 24, 2016, the Defendant driven a D body-wide car while under the influence of alcohol with approximately 0.096% alcohol concentration from the 33rd side of Seodaemun-gu Seoul Seo-gu, Seoul, to the front side of the North Gwangju Seo-gu, Seo-gu, Gwangju, 14:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of the judgment);

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following conditions favorable to the reasons for sentencing) of the Act on the Reduction of Small Quantity are as follows: (a) the Defendant had a total of five times of driving alcohol or a total of five times of driving alcohol, including a fine of 1.5 million won on November 26, 2004, and a fine of 2.5 million won on January 18, 2007, and (b) the Defendant had been punished by a fine of 1.5 million won on January 18, 2007; and (c) as seen earlier, even though the Defendant had already been subjected to a stay of execution by the court on the last crime of driving alcohol, he again driven the instant drinking.

Therefore, the sentence of sentence on the defendant is inevitable.

However, the fact that the defendant repents his mistake, that he seems to have driven on the next day after drinking, and that he is minor except the above criminal records.