A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 2, 2006, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on March 2, 2006, and on December 28, 2011, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 28, 201.

On January 22, 2014, at around 00:35, the Defendant driven a three-wheeled motor vehicle with blood alcohol content 0.148% under the influence of alcohol at approximately 5km from the front road of the Dong-gu Nong-si, Gyang-si, Gyang-si, to the bennae, Gyangyang-si, Gyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (verification of criminal records A brought by a suspect before drinking);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Although there are favorable circumstances, such as the fact that the reason for sentencing is against Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following sentencing grounds) and the fact that it appears to have disposed of the owned vehicle, it shall be decided as per the disposition, taking into account the fact that the period of suspension of execution, despite the past record of punishment five times due to a drunk driving, led to the instant crime again committed by a marina after the lapse of the period of suspension of execution, and that the amount of drinking alcohol at the time