A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On June 28, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 28, 201, and a summary order of five million won for the same crime at the same court on June 2, 2014. On November 24, 2011, the Defendant was sentenced to a suspended sentence for six months for the same crime at the Seoul East East District Court.

【Criminal Facts】

On June 13, 2014, at around 01:35, the Defendant driven a B-hurged vehicle with a blood alcohol content of about 0.111% under the influence of alcohol from around 13, 1378, Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul to the front day of the hotel from around 13, 1594-3, the same Seocho-gu, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Written replys to the results of appraisal by the National Scientific Investigation Institute;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (written confirmation of sound driving records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. In light of the fact that the punishment for the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has been imposed several times, and that the portion of the drunk driving performed despite the influence of drunk driving on at least two occasions on June 2, 2014 was issued with a summary order of a fine of KRW 5 million, even though it had been issued on the part of the drunk driving on at least two occasions, and that the pertinent drinking driving was conducted, the sentence is inevitable to be imposed. However, the sentence is to be determined as ordered, taking into account the background of the instant crime, blood alcohol concentration, Defendant’s age, character and conduct, environment, etc.