A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 18, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws at the Ulsan District Court, and on July 24, 2012, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a crime of violating road traffic laws at the Ulsan District Court.

On May 26, 2016, the Defendant driven a Chand car with about 4km alcohol content of about 0.101% in a section of 0.2% in alcohol at a distance of about 4km in south-gu, Nam-gu, Nam-gu, Ulsan-gu, Seoul-do.

As a result, the Defendant had been punished more than twice as a crime of violating the Road Traffic Act, but once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions of each disposition, and reporting of the results (referring to 9 through 12) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 200) of the Criminal Act

The defendant's prior action is no longer meaningful in light of the fact that there is no particular reason to consider the motive or circumstance, and other factors such as the potential risk of personal and material damage, risk of recidivism, risk of recidivism, and the drinking volume of 0.101%, etc. of the person driving under the influence of alcohol: Provided, That the punishment shall be determined like the order in consideration of various circumstances such as reflective attitude as shown in the records and arguments.