A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On May 16, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Cheongju District Court Support on May 16, 2007, and a fine of KRW 2.5 million for the same crime in the same court on June 27, 2007. On December 13, 2007, the Defendant was sentenced to a suspended sentence of KRW 2 years for 8 months in imprisonment with prison labor for the same crime in the Cheongju District Court Assistance on December 13, 2007 and the same court on October 28, 2008.

【Criminal Facts】

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act twice or more, the Defendant driven a D non-motor vehicle under the influence of alcohol at around 16:30 on July 30, 2018, under the influence of alcohol at 0.187% (the application of the Bamark formula) in the public parking lot of the “Priju-si,” located in the Chungcheongbuk-si B.

Summary of Evidence

1. Photographs of the scene of the accident, and photographs and explanation of the scene of each traffic accident;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. A criminal investigation report (two times);

1. Criminal power: Application of Acts and subordinate statutes, such as inquiry report, investigation report (report accompanied by a summary order, etc. of the same-class electric power), summary order, etc.;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007], a punishment shall be imposed within the scope of discretionary mitigation, taking into account the following factors: (a) the fact that a large number of years of driving without a license, including a criminal record of imprisonment with prison labor for the reason of sentencing, including a criminal record,