A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On November 29, 2013, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act (driving), etc. by the Incheon District Court, on October 16, 2014, and was sentenced to a suspended sentence for ten months by obstructing the performance of official duties at the Incheon District Court, on October 16, 2014, and was sentenced to a suspended sentence for six months by committing a violation of the Road Traffic Act (driving) at the Incheon District Court on July 22, 2015, and was sentenced to a suspended sentence for six months on October 1, 2015. The said judgment became final and conclusive, and the sentence of the suspended sentence was terminated on October 10, 2016.

[2] On December 23, 2016, around 19:58, the Defendant driven B truck under the influence of alcohol content of about 0.09% from a distance of about 10km to the road front of the station located in the 690km of Seo-gu Incheon, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”) are as follows: (a) the Defendant committed the instant crime constituting a repeated crime two months after being sentenced to a punishment due to drinking, driving, etc.; (b) the Defendant had the record of punishment on several occasions by drinking or driving without a license; and (c) the driving distance of this case is the long distance.

However, the drinking volume of the instant case is relatively high, and the Defendant is currently divided in depth, and other various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.