A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months for a violation of road traffic laws at the Chuncheon District Court on February 18, 2016. On February 16, 2016, the Defendant issued a summary order of KRW 4 million for a fine of KRW 1.5 million in the same court on August 14, 2009 due to a violation of road traffic laws.

【Criminal facts】 On July 21, 2018, the Defendant driven an Esch-sports cargo vehicle under the influence of alcohol concentration of 0.154% from the front of the apartment site B in Gangwon-si, Gangwon-si, to the front of D in Gangwon-si, Gangwon-si, Gangwon-si, while under the influence of alcohol leveling to 0.154%.

As a result, the Defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. On-site photographs, reports on the circumstantial statements of drivers in charge, investigation reports (report on the situation of drivers in charge), inquiries about the results of crackdown on drinking driving, response to inquiries, such as criminal history, and application of Acts and subordinate statutes related to the same kind of force as the suspect shall apply;

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 for mitigation of amount is that the defendant seems to have committed his/her crime, and the defendant seems to have committed an additional damage, such as a traffic accident, etc., in favor of the defendant.

However, the Defendant was punished by a fine for three times due to drinking driving (209, 2016, 2016, 2016) or a suspended sentence of imprisonment with prison labor, or by a fine for one time (2010) due to a non-license driving. In particular, the Defendant was sentenced to a fine of four million won due to drinking driving in 2016 and two times or more due to a suspended sentence of two years due to a non-license driving in 2016 and was sentenced to a suspended sentence of two years for six months. In addition, the Defendant was still under the influence of drinking in this case.