A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 22, 2012, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving), and a fine of 5 million won for a violation of the Road Traffic Act (drinking driving) in the same court on February 22, 2013. On January 23, 2014, the Defendant was sentenced to imprisonment for 10 months and 2 years for a violation of the Road Traffic Act (drinking driving) in the same court on January 23, 2014. On June 12, 2014, the Defendant was sentenced to imprisonment for 1 year and 3 years for a violation of the Road Traffic Act (drinking driving), and the judgment became final and conclusive on January 29, 2015.

Although the Defendant had had a power of driving under the influence of alcohol more than twice as above, on April 28, 201, he once again driven DM7 automobiles from approximately 5km away from the distance of 5km to the front road in the vicinity of Ilyang-gu, Seoyang-gu, U.S., Seoyang-si, with the alcohol concentration of 0.186% under the influence of alcohol around 00:01 on April 28, 2016.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The punishment of this case is inevitable in light of the following: (a) potential risk of driving alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the Defendant’s records of punishment for driving alcohol (five times) and the time gap between the date of punishment; (c) the Defendant’s wife who suspended the enforcement of imprisonment or imprisonment two times; (d) the Defendant’s wife who was faced with the same crime during the period of suspension of execution; and (e) the instant alcohol value is significantly high.

However, the fact that the defendant has disposed of and reflected the vehicle, and that the accident has not been caused, is considered as favorable to the defendant.