A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 20, 2014, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on March 20, and on April 14, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court.

On September 10, 2018, at around 04:25, the Defendant driven a Bgro vehicle with blood alcohol concentration of 0.181%, from the 10km section to the front road of Pyeongtaek-si from the roads near the Seo-dong Military Service of Pyeongtaek-dong, Pyeongtaek-dong to Pyeongtaek-dong, Pyeongtaek-dong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to an investigation report (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Although Articles 53 and 55(1)3 (C) of the Criminal Act recognize and reflects the error of the reason for sentencing, considering the level of drinking alcohol, the risk of accidents, the same criminal records, etc., the liability for the crime is not easy, taking into account the defendant’s age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc., the punishment as indicated in the disposition is determined by comprehensively taking into account the defendant’s age, character and conduct, circumstances leading to the crime, etc.