A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 2, 201, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic laws at the Cheongju District Court on December 2, 201; on August 23, 2013, the Defendant was sentenced to a suspended sentence of ten months for the same crime; and on August 28, 2014, the same court was sentenced to a suspended sentence of six months for a crime of violating road traffic laws (not after an accident) at the same court on August 28, 2014; on November 14, 2014, the sentence of the suspended sentence was invalidated; on October 28, 2015, the Defendant was released from the Cheongju District Court on parole and passed the parole period on December 24, 2015.

[2] The Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving a D cruise car at approximately 100 meters away from the 100-meter section to the front road of the Cheongju-si, Cheongju-si, as he was under the influence of alcohol by 0.135% during blood transfusion on March 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions: A written reply to inquiry, such as criminal history, each investigation report (the attachment of the previous summary order and the sentence attached thereto, the grounds for suspension of execution, etc.), personal confinement status, each summary order (No. 15162, 208, 1256, 201, 201, 2011, 8682), each written judgment (No. 494, 2013, 4910, 2014, 573, 2014, 2014, 573, etc.), the application of Acts and subordinate statutes reporting the results of confirmation of previous convictions in disposition;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment is that the defendant was punished several times as the same military force, and the suspended sentence becomes invalidated due to recidivism during the suspended sentence, and the defendant again commits the instant crime without being aware of it during the period of repeated crime.