A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On April 15, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of road traffic law at the Seosan Branch of the Daejeon District Court, and on September 13, 2013, the same court issued a summary order of KRW 7 million for a crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (drinking). On May 15, 2015, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of road traffic law (drinking) and a violation of road traffic law (licensed driving).

[2] Although Defendant 1 had been punished twice or more due to driving of alcohol as above, Defendant 2 driven an EM5 vehicle under the influence of alcohol content of about 20km from around August 22, 2018 to the front road in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the front road in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of drinking control and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, two copies of summary order, and one copy of the judgment;

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 punishment is determined as ordered by comprehensively taking account of the following circumstances as well as the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances surrounding the instant crime, etc., as well as all the conditions of sentencing as indicated in the record, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment.

A favorable circumstances: The defendant's mistake and reflects his mistake, and the situation unfavorable to the defendant's failure to cause a happy personal accident: The driving of drinking in 2004, and the fine due to the refusal to measure drinking in 2005, each one time except for the previous criminal records related to driving of drinking recorded in the judgment (the total of five times except in this case), and the driving distance is very high, and the driving distance is also long.