A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 20, 2006, the Defendant was sentenced to a fine of 500,000 won for the crime of violation of the Road Traffic Act at the Seoul Northern District Court. On November 20, 2006, the Defendant was sentenced to a summary order of 2 million won for the same crime, etc. by the same court. On July 20, 2007, the Defendant was sentenced to a suspension of execution for 4 months and 2 years for the same crime at the Seoul Northern District Court. On April 23, 2009, the Defendant was sentenced to imprisonment for the same crime, etc. by the same court.

1. On March 21, 2013, the Defendant, while under the influence of alcohol at 0.062% of blood alcohol concentration, driven a DNA cargo vehicle at a section of approximately 300 meters from the front of the flasm in the flasm in the Overcheon-si to the shooting distance of the same flasm village located in the same Dongcheon-si.

2. On March 22, 2013, the Defendant, while under the influence of alcohol at around 01:05, driven a cargo vehicle at approximately two kilometers in two kilometers from the roads near the luminous Village to the roads near the 39th Doncheon-si, the Central Police Station at the Doncheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial report on each drinking driver, and the results of the control of drinking driving;

1. Photographs;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (a summary order and attachment of judgment);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, each of which is applicable to the crimes and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 2009) is that the defendant had been punished several times due to drinking driving. Thus, the defendant has been sentenced to punishment in this case. However, the defendant is against the defendant and is a North Korean refugee from North Korea, taking into account favorable circumstances.