A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 18, 2010, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Busan District Court, and on September 25, 2012, a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Busan District Court Branch Branch Branch of the Busan District Court, and on November 12, 2013, the Defendant was sentenced to a suspended sentence of 2 years for 6 months for a violation of the Road Traffic Act at the Busan District Court.

On May 21, 2017, around 21:17, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately KRW 0.074% alcohol concentration from the section of approximately 3km to the road prior to the “Amph Media” located in the Gangseo-gu Busan Metropolitan City, Seopo-dong.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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 is that the Defendant, while being punished several times due to drinking, driving without a license, or holding a suspended sentence, he/she went to commit the instant crime, and it is difficult to achieve the purpose of punishment due to the sentence of a fine or a suspended sentence.

The sentence shall be sentenced as it appears.

Considering the fact that the defendant seems to reflect, the punishment was determined in consideration of the defendant's age, sex, environment, motive and means of committing the crime, the circumstances after committing the crime, and other various sentencing conditions as shown in the arguments in this case.