A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 5, 2006, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on December 5, 2006, and was sentenced to a fine of seven hundred thousand won for the same crime from the Western District Court on August 16, 2007, and on June 30, 2009, the Defendant was sentenced to a fine of three years for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (drinking driving).

On May 28, 2018, at around 00:45, the Defendant driven an EMW car under the influence of alcohol concentration of about 0.083% in the 2km section from May 28, 2018 to the roads in front of the Daegu-gu D market.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (the previous and confirmation), and copy of the judgment, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on the Reduction of Small Quantity refers to a person who has been punished due to drinking, driving without a license, or violating the Act on Special Cases concerning the Settlement of Traffic Accidents. In particular, the Defendant was punished for three years by imprisonment for a traffic accident resulting in the death of the victim while purchasing a large-sized vehicle during the suspension period of the execution of imprisonment due to a licenseless driving and repeating a licenseless driving and drinking.

Nevertheless, the Defendant also committed the instant drinking, and as the blood alcohol concentration exceeds 0.08%, it is difficult to accept the Defendant’s attitude that the Defendant would not commit the instant drinking, and it is also difficult to accept it as it is, and it is necessary to severely punish the Defendant, who repeatedly causes considerable danger to the citizens who use road traffic.

However, this case.