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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 26, 2007, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act; on September 11, 2008, a summary order of KRW 2 million for a violation of the Road Traffic Act; on February 23, 2012, the same court issued a summary order of KRW 6 million to a fine of KRW 6 million for a violation of the Road Traffic Act; on February 6, 2013, the same court was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and a suspended sentence of two years for a violation of the Road Traffic Act.
On July 15, 2016, around 23:46, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.179% at the section of about 500 meters from the road near the plaza of Gwangjin-gu Seoul Special Metropolitan City to the road of about 840, as prescribed in the same Gu Ordinance.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;
1. Inquiry reports on criminal records, etc., investigation reports (report attached to criminal records of the same kind of criminal records as the accused), decisions, and application of summary order Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. The sentence of imprisonment shall be imposed in consideration of the fact that the Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, committed the instant crime without being sentenced to seven times only for drunk driving or criminal punishment, and the fact that blood alcohol concentration is high; however, a punishment shall be determined within the scope of the sentence to be mitigated in consideration of favorable circumstances, such as the fact that the Defendant, on the grounds of sentencing under Articles 53 and 55(1)3