A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 20, 2010, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court) on December 20, 2010; a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on January 16, 2013; and a fine of 5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on March 23, 2015; and on March 16, 2017, the Defendant was sentenced to a summary order of 5 million won for a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on March 24, 2017.

On July 31, 2018, while under the influence of alcohol content of 0.083% among blood transfusions, the Defendant driven approximately 10 kilometers from the front side of Geumcheon-gu Seoul Metropolitan Government B to the front side of Gangseo-gu C, with a 10-km done Starsch car driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of crackdown on driving under drinking, an appraisal of alcohol during blood, or a report on the detection of a driver under driving under drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Selection of imprisonment with prison labor chosen;

1. The following facts are the circumstances favorable to the Defendant: (a) the Defendant’s family environment is not good for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities; and (b) the drinking volume is relatively low.

However, it is not good for the defendant to repeat drinking during a short period of time, and the fact that the defendant drives drinking again during the period of probation due to drinking driving.

In full view of these various circumstances, the defendant shall be punished by imprisonment with prison labor, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, including the age, occupation and family environment of the defendant.

It is so decided as per Disposition for the above reasons.