A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 7, 2006, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Seoul East District Court on June, 2006; on January 31, 2008, to a fine of three million won for the same crime; on September 24, 2010, the same court was sentenced to a fine of three million won for the same crime; on July 8, 201, from the Daejeon District Court's Support for the Incheon District Court on July 8, 201, to a fine of ten million won for the same crime; and on August 26, 2015, from the Suwon District Court on February 4, 2016, the above judgment became final and conclusive on August 18, 2016 after having been sentenced to a suspended sentence of one year and two million won for the same crime.

Although the Defendant was punished twice or more due to drunk driving, on June 12, 2016, at around 02:25, the Defendant driven a Cbenz car with approximately 100 meters alcohol content 0.195% under the influence of alcohol in the section of approximately 100 meters from the underground parking lot of 30 Dong Sora City City to the front route of the CU convenience in the Dongdora City City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. Criminal records as stated in the judgment: Criminal history records, investigation reports, each investigation report (verification, etc. of criminal records of a suspect, confirmation, etc. of criminal records of the latest rulings of a suspect, confirmation date of criminal records of a suspect), five copies such as summary orders, judgments, and summary judgments, two copies of the report on the results of confirmation of the previous dispositions, two copies of the decisions and individual confinement status, two copies of the rulings, and one copy of the summary of the agreement of a case;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The first instance court is a crime of violation of the Road Traffic Act (Refusal of measurement) for which a judgment has become final and conclusive as stated in its holding, in light of the following: (a) the previous conviction for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstance among the reasons for the sentencing); and (b) the first instance court.