A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant is a person who has been sentenced to a fine of 4 million won on October 30, 2013 to a violation of road traffic laws in the Incheon District Court's Branch Branch of the Incheon District Court, and on August 13, 2015, to a suspended sentence of 1 year for a violation of road traffic laws (driving), and a person who has been sentenced to a suspended sentence of 2 years or more for a violation of road traffic laws (driving) on at least 6 occasions.

[2] On December 27, 2017, the Defendant driven a coo vehicle in D while under the influence of alcohol leveling 0.158% in alcohol level from the front of the French coastal point located in Bupyeong-gu Incheon, Incheon, to the lower road in the Bupyeong-gu, Incheon, Bupyeong-gu. The Defendant driven a coo vehicle in D under the influence of alcohol leveling 0.158% in blood.

Therefore, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and the application of the Acts and subordinate statutes of investigation report (the confirmation of several times of the same kind);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. In light of the fact that six times or more of the charges of this case were committed with the same kind of crime with the reason for sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter “the reason for sentencing”), and the fact that the blood alcohol concentration is considerably high, the Defendant’s severe punishment is inevitable.

However, it shall be taken into consideration in favorable circumstances, such as the defendant's age, sex, environment, motive, means and result of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into consideration the various circumstances shown in the arguments in this case.