The punishment of the accused shall be determined by six months of imprisonment.

Punishment of the crime

[criminal history] On September 20, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic law in the Daegu District Court’s support on September 20, 2012. On September 12, 2013, the Defendant was sentenced to a suspended sentence of two years for six months due to a crime of violating road traffic law (dacting) in the same court. On October 31, 2014, the Defendant was sentenced to a suspended sentence of six months. On October 31, 2014, the Defendant was released on September 30, 2015 and the parole period expired on October 29, 2015 while serving the sentence.

[2] On March 24, 2016, Defendant 1, who was punished for drinking two or more times as above, driven a balon vehicle with alcohol level of approximately 0.072% in the C gallon under the influence of alcohol level of about 1.8 meters from the public parking lot in the Dobong-gu, Gyeongcheon-gu, Seoul Special Metropolitan City on March 24, 2016 to the front road of the oil station in the 1018 heading Eup as from the public parking lot in the Dobong-gu, Seoul Special Metropolitan City around 20:38 to the 1018 heading Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, the statement of the situation of the driver under the influence of alcohol, the inquiry into the results of the restriction on the driving of alcohol, and the management of the report on the driving of alcohol;

1. Report on investigation (Attachment of guidance), guidance;

1. Criminal records in the judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment, etc. of the judgment attached), text of the judgment, and personal identification/ acceptance status Acts and subordinate statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the fact that the Defendant, including the record of the crime of violation of traffic laws (drinking driving) in the judgment of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, was punished four times as a crime of violation of traffic laws (drinking three times a penalty, and one time a suspended sentence of imprisonment with prison labor), and the Defendant was sentenced to imprisonment with prison labor for special larceny as stated in the judgment, but was committed again during the period of repeated crime.