A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 21, 2006, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, on August 20, 2007, a summary order of KRW 2,50,000 for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court. On April 30, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court.

On January 2, 2017, at around 00:35, the Defendant driven BM7 car under the influence of alcohol leveling from approximately 500 meters from the 500m section of alcohol level to the 583-12nd road in Namdong-dong, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of any suspect in violation of the Traffic Act (driving) on the road and a statement in the circumstances of driving under the influence of alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. In light of the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act are three times the same criminal records and re-offending during the period of suspension of execution of the same crime, a sentence shall be imposed on the defendant, on the ground that it is deemed that a serious punishment is inevitable.

In determining the term of punishment, all the circumstances revealed in the instant case, including the Defendant’s age, sex, family environment, background and motive leading to committing the crime, and the circumstances after committing the crime, such as favorable circumstances (e.g., the recognition of and reflects on the crime), other than the above unfavorable circumstances, were comprehensively considered.