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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 12, 2008, the Defendant was sentenced to a suspended sentence of three years in one year and six months, due to a violation of road traffic law at the Jeonju District Court on June 12, 2008, and was sentenced to a summary order of five million won as a fine in the same court on August 7, 2013.
Although the Defendant had the aforementioned two-time driving history on April 3, 2017, at around 01:08, he driven a B-to-pur motor vehicle under the influence of alcohol concentration of about 0.08% in the range of about 500 meters from the luminous apartment parking lot located in the Yancheon-gu, Seoul Metropolitan City to the front left of the same effic distance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the result of regulating drinking driving;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;
1. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of driving, the Defendant was sentenced to a fine on August 2013, 201 for the following reasons: (a) the police officers at the time of driving of the instant drinking, upon receiving a report, called “driving a vehicle beyond the center line and driving a drinking;” and (b) the Defendant was subject to a punishment twice due to drinking; and (c) the Defendant had a criminal record of two times due to driving under the influence of alcohol; and (d) the Defendant caused a serious traffic accident resulting in the death of the victim while driving a truck while driving the truck on December 207, 207 and driving the vehicle on the opposite lane and driving the vehicle on the opposite lane; (b) the Defendant was sentenced to a fine on around August 2013 by driving the vehicle again, and (c) the Defendant’s age, occupation, living environment, and alcohol concentration at the time of driving under the influence of alcohol.