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

Punishment of the crime

[criminal history] On November 16, 2009, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating road traffic laws at the Seoul Western District Court on November 16, 2009. On May 22, 2014, the Defendant was sentenced to a suspended sentence of eight months for the same crime by the same court.

[2] Although Defendant 1 had been punished for violation of the Road Traffic Act, as stated in the criminal records in the above crime, at least twice, Defendant 2 driven Cone Starsch motor vehicle under the influence of alcohol concentration of about 0.096% from May 10, 2018 to the roads in front of Incheon Seo-gu, Jung-gu, Incheon International Airport Highway 4.6km (airport direction) around 04:50 on May 10, 2018.

Defendant 2, “2018 Highest 4868”, as indicated in the record of the crime, was a person who violated Article 44(1) of the Road Traffic Act at least twice, and was driving a Cland Lone Cornex under the influence of alcohol 0.109% in the blood alcohol concentration from the 20km section of approximately 20km to the 4.6km (airport direction) of the Incheon Jung-gu International Airport Highway, Jung-gu, Incheon, Jung-gu, Incheon., 2018 on May 10, 2018.

Summary of Evidence

"2018 Highest 3504"

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, photographs and actual condition investigation report;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. References to inquiries, such as criminal history, investigation reports (verification of such past records) 2018, 4868;

1. Statement by the defendant in court;

1. A written inquiry about the results of crackdown on the driving of drinking and a statement in the circumstances of the driver;

1. Application of two copies of the Act and subordinate statutes to an inquiry, such as criminal history, an inquiry report (No. 16 times a year), judgment, and summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.