A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 17, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on July 17, 2008, and a fine of five million won for the same crime at the same court on November 22, 2013, respectively.

On January 9, 2019, when the Defendant had had a history of drinking twice or more, the Defendant driven a E-Adi vehicle under the influence of alcohol content 0.165% from approximately 200 meters away from the 200-meter section of alcohol level to the front day of the D Middle School located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City to the front day of the D High School located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the request for appraisal, report on the results of the drinking driving control (No. 10) and report on the state of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (not less than twice the records of drinking driving) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was that the Defendant was punished by a fine for a drunk driving in 2001, 2008, and 2013, respectively. On September 201, 2014, even though there was a history of being sentenced to a suspended sentence of imprisonment due to refusal to take a alcohol test and a non-licensed driving, he/she also driven under the influence of alcohol.

Considering the fact that drinking water is high, that the defendant has been punished twice due to driving without a license even after being sentenced to the suspension of the above execution, and that drinking driving is a dangerous criminal that may infringe on the life and physical safety of others, it is inevitable to punish the defendant significantly.

However, considering the fact that the defendant does not commit a second offense, the fact that the defendant does not cause a traffic accident, etc. as favorable circumstances, the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions.