A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 28, 2009, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on July 28, 2009, and a fine of KRW 3 million due to the same crime in the same court on November 19, 2010, respectively.

On August 2, 2013, the Defendant, while under the influence of alcohol of 0.170% on blood alcohol level at around 20:00, driven B Poter truck at a section of approximately 100-150 meters from the parking site of the welfare center located in the Geong-gun of Gyeonggi-gu to the front of the forest management center located in the same dial of the same area.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records and copies of judgment);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;