A defendant shall be punished by imprisonment for six months.

Criminal facts

On February 18, 2010, the Defendant was issued a summary order of 700,000 won as a crime of violating the Road Traffic Act at the Incheon District Court. On September 21, 201, the Defendant was sentenced to a suspended sentence of 2 months for 4 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) at the Busan District Court. On January 6, 2016, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court.

On February 4, 2018, at around 00:47, the Defendant driven a FM5 vehicle while under the influence of alcohol leveling 0.087% during blood alcohol level from around 200 meters from the front road of the Kimhae-si, Kimhae-si, D apartment E, to the front road of the Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, etc., Changwon District Court 2015 High Court 1877 High Court, Busan District Court 201 High Court 2379 High Court, Incheon District Court 2010 High Court 2010 High Court 1916 High Court ;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Act on the Mitigation of Small Quantity is that the defendant repents his mistake in depth and reflects his fault, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the Defendant committed the instant crime without being aware of the fact that he had been punished several times due to drinking or unlicensed driving, and that he committed the instant crime without being aware of the suspension period due to other crimes, etc. are disadvantageous to the Defendant.

In addition, the method and result of the instant crime are as follows: (a) comprehensively taking into account the circumstances after the instant crime; (b) the Defendant’s age; (c) sexual conduct; and (d) intelligence and environment; and (c) various conditions of sentencing as shown in the arguments and arguments,