A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 7, 2007, the Defendant was sentenced to a fine of 1.2 million won for a violation of the Road Traffic Act in the Gwangju District Court on December 7, 2007; on December 24, 2010, a fine of 1 million won for a violation of the Road Traffic Act (driving), and on January 16, 2014, the above court was sentenced to a suspended sentence of 2 years for 6 months for a violation of the Road Traffic Act.

Nevertheless, on March 23, 2016, at around 17:00 on March 23, 2016, the Defendant driven Dabba while under the influence of alcohol content of approximately 0.171% in the blood transfusion without a motor bicycle license, from the point of repair before the police box of the week located in the Southern-gu Seoul Metropolitan City, in the direction of approximately 200 meters before the intersection of the hospital of the nuclear power college located in 541-7 of the same week, the Defendant driven Daba in the direction of alcohol concentration of approximately 0.171%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

A. favorable condition: The defendant recognized the crime of this case and reflected his mistake, and the defendant was the victim of the traffic accident at the time of this case;

B. Unfavorable conditions: The driving of alcohol was already punished several times, and the probation was suspended in 2014, but again committed the instant crime; and the Defendant’s blood alcohol concentration was very high at the time of the instant crime;

C. The Criminal Act is shown in the Defendant’s age, sex, environment, motive and background leading up to the Defendant to commit the instant crime, means and consequence, circumstances before and after the commission of the crime, and other records of the instant case.