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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【The Defendant was issued a summary order of KRW 1 million for a violation of road traffic laws at the Seoul Northern District Court on November 1, 2011, and was issued a fine of KRW 3 million for a violation of road traffic laws at the Seoul Northern District Court on March 2, 2012, and was issued a summary order of KRW 6 million for a violation of road traffic laws at the Seoul Northern District Court on May 24, 2013.
【Criminal facts” around 06:30 on December 03, 2017, the Defendant driven B-A-di vehicle while under the influence of alcohol content of about 0.127% at the 5km section from the runway of Seongbuk-gu Seoul Metropolitan Government to the monthly road of 07:10 on the same day.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. An explanatory note;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;
1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment have the record of having been punished three times by a fine due to driving under drinking.
Nevertheless, at the time of detection, the Defendant was under the influence of alcohol in this case, and the Defendant was under the influence of alcohol in the vehicle while on the road at the time of the exposure, and the Defendant was under the control of other people by the 112 report. Thus, the time of the driving is very dangerous.
The degree of alcohol concentration in blood is high enough to correspond to the revocation of driver's license, and the defendant denies the crime that he/she was driving, not immediately after the control, and the circumstances after the crime are good.