A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on November 1, 2012; the Defendant was sentenced to a summary order of KRW 4 million by the Suwon District Court on September 11, 2013; and the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with labor for the same crime at the Seoul Central District Court on November 22, 2013.

On October 20, 2018, at around 07:08, the Defendant driven B B benz car while under the influence of alcohol with a blood alcohol concentration of 0.175% from a place below Yongsan-gu Seoul Metropolitan Government to the front of the 34-ro, 34-o, the Hannam Police Station at the same Embassy to the road.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. CCTV images;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), one written judgment, and application of Acts and subordinate statutes of two summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had been already punished three times due to drunk driving, even though he had had the record of being punished three times.

At the time, the blood alcohol concentration of the defendant was very high by 0.175%, and the fact that the defendant driven was unsatisfying so as to make the defendant unsatisfy.

In particular, the defendant was driving a vehicle on the road, and the defendant was under the influence of the citizen's report. If the defendant continued to drive a vehicle on the road, dangerous traffic accidents could occur.

In particular, the Defendant committed a second offense even though he was sentenced to a fine due to drinking driving and a suspended sentence of imprisonment.

Such a criminal defendant's drinking habits is limited to strict punishment, and edification and re-offending.