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

Punishment of the crime

[criminal history] On January 9, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law (drinking driving) at the Ulsan District Court, and was sentenced to a fine of six million won for the same crime in the same court on July 27, 2012, and was sentenced to a suspended sentence of six months for the same crime in the same court on February 20, 2014.

[Criminal facts] On August 19, 2018, the Defendant driven a F JE14 motor bicycle under the influence of alcohol content of about 0.153% from a section of approximately 1k alcohol content in the direction of 0.153% from the road adjacent to a wedding hall C located in Ulsan-gu, Ulsan-gu to the front of E located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A G statement;

1. Statement report, investigation report, and internal investigation report (the circumstances of the driver in charge of the primary duty) on the situation of the driver in charge of the primary duty;

1. A copy of a report on the occurrence of a traffic accident, on-site map, actual yellow survey report, photographs at the scene of an accident, or CCTV image (ROM);

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances indicated in the grounds for sentencing) of the Criminal Act (the grounds for sentencing)

1. The sentencing criteria are not set for offenses of violating traffic laws on roads;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal punishment history exceeding the suspended sentence of imprisonment for the accused.

The defendant too late reflects on the crime of this case.

There is no criminal history of criminal punishment against the accused in addition to the crime of violation of the Road Traffic Act (drinking driving) and the crime of violation of the Road Traffic Act (drawing driving).

◎ 피고인에게 불리한 정상은 다음과 같다.

Although the defendant had a total of three times of punishment for the same crime (two times of punishment and one time of suspended sentence of imprisonment), he again committed the crime of this case.

(b) alcoholic beverages;