A defendant shall be punished by imprisonment for six months.

Criminal facts

On May 22, 2008, the Defendant was sentenced to a fine of KRW 4 million by the Changwon District Court for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver's License). On February 10, 2011, the Defendant was sentenced to a fine of KRW 4 million by the same court and was sentenced to a suspended sentence of KRW 6 months by imprisonment for the same crime, and the same kind of power is more than five times.

On August 21, 2016, at around 23:43, the Defendant driven a C-A-hurd-hurged car with approximately KRW 500 meters alcohol concentration 0.094%, from the section of approximately 500 meters prior to the new third street in front of the new road located in the Guno-hurg, Sino-ri, B-hurg, in a state of under the influence of alcohol by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on driving a drinking driver, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 is that the defendant has been subject to punishment several times due to the crime of drunk driving and the crime of unlicensed driving for the long time. In particular, the defendant, in 2003, is sentenced to a suspended sentence of six months of imprisonment for the crime of violation of the Road Traffic Act, two years of a suspended sentence of six months for the crime of violation of the Road Traffic Act in 2009, and six months of a suspended sentence of two years for the crime of violation of the Road Traffic Act in 209, and is exempted from the post, and has been reinstated. Nevertheless, this constitutes a criminal conviction under Article 148-2(1)1 of

(See Supreme Court Decision 2012Do10269 Decided November 29, 2012, etc.). (See, 2012Do10269, etc.). (A) in 2011, despite being sentenced to a suspended sentence of two years for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver’s License), the Defendant committed the instant crime of drinking alcohol. In addition, the Defendant is subject to a severe punishment, and thus, the sentence is imposed.