A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 21, 2010, the Defendant was sentenced to a fine of KRW 10,00,000 for a violation of the Road Traffic Act at the Busan District Court, and on September 21, 201, the Defendant was sentenced to imprisonment with prison labor for not more than six months and a suspended sentence for two years for the same crime in the same court.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking), the Defendant driven a B-to-pown car in the section of approximately 1 kilometer from the 1 kilometer to the two transmission tunnels located in the same Dong and under the influence of alcohol content of 0.167% from around October 02, 2017, under the influence of around 09:10 to around 0.167% of alcohol during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment attached thereto) and statutes;

1. The phrase "Article 148-2 (2) 1 of the Road Traffic Act" as stated in the relevant Article of the Act and Article 148-2 (1) 1 of the Road Traffic Act concerning criminal facts of which punishment is chosen, is obvious;

Article 44 Section 1 (Selection of Imprisonment)

1. The sentence shall be imposed in consideration of the following: (a) the high alcohol concentration among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act; and (b) no inevitable circumstance exists to drive; and (c) the Defendant already committed a traffic-related crime several times and was sentenced to a fine or a suspended sentence.

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.