A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 24, 2009, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act by the Incheon District Court, and on July 3, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Seoul Southern District Court, which was sentenced to a suspended sentence of one year for six months. On September 21, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Incheon District Court.

[Criminal facts] On July 28, 2018, the Defendant driven an E rocketing car with approximately 100 meters alcohol concentration at approximately 0.171% under the influence of alcohol from the 100-meter section to the next road of the D occupation in the same city as D, which was located in the same city B from the 17:35 Seocheon-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures - The defendant's mistake is recognized and reflected.

- The alcohol concentration in blood is considerably high to 0.171%, and the Defendant also caused an accident while driving under the influence of alcohol.

After the traffic accident, the defendant tried to leave the scene after the traffic accident, but the victim reported to the police to find the driving of drinking.

- The Defendant was punished for a four-time fine due to drinking driving or unlicensed driving, and on July 3, 2012, the Defendant was sentenced to a suspended sentence of six-month imprisonment, the community service order was sentenced for two years, and on September 21, 2012, the Defendant was sentenced to a suspended sentence of two years and an order to attend the course was sentenced to a suspended sentence of eight-month imprisonment on September 21, 2012.