A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who, at the Changwon District Court on July 17, 2008, sentenced to a suspended sentence of six months to six months, and on June 24, 201, the same court was sentenced to a suspended sentence of two years for the same offense, and violated Article 44 (1) of the Road Traffic Act on two or more occasions, for the same offense.

On October 27, 2013, at around 22:12, the Defendant, while under the influence of alcohol of 0.11% of blood alcohol concentration, driven approximately KRW B 300 meters from the 300-meter section to the front road of the Cheongjudo self-aculon chilling market, which is in the process of transmitting the Y Kimhae-si, to the Cheongju-ri, located in the front road of the Cheongjudo.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

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;

2. In light of the fact that the Defendant committed the instant crime without being aware of the fact that he/she had been punished several times due to the same or similar crimes (three times a suspended sentence of imprisonment and two times a fine) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “ favorable circumstances among the reasons for sentencing”), it is difficult to expect the Defendant to have the effect of preventing recidivism, even if the repeated punishment alone is more severe.

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized and against the defendant, the fact that the driver of this case does not cause traffic accidents, the fact that there is a family member to support, and other circumstances that are conditions for sentencing, such as character, conduct and environment of the defendant, the punishment as ordered shall be determined.