A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 12, 2001, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch's Assistance, etc. on December 12, 2001, a fine of KRW 1 million for the same crime from the Suwon District Court's Sejong District Court's House on December 19, 2008, and a fine of KRW 5 million for the same crime, etc. on February 11, 2014 at the Seoul Southern District Court's Seoul Southern District Court's District Court on February 24, 201, and was sentenced to a fine of KRW 5 million for the same crime, etc. on December 24, 2014, and is still under suspension of execution.

【Criminal Facts】

On September 1, 2016, at around 00:40, the Defendant driven a DNA car with a blood alcohol concentration of about 0.102% in the section of approximately 60 meters on the 3rd road, which is the Defendant’s dwelling, from the vicinity of the “Sari-si, Don-ri,” which is located in the Donri-ri.

Accordingly, the defendant, who has been punished not less than twice due to the violation of the Road Traffic Act (driving) and was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver and notification of the results of crackdown on drinking;

1. On-site photographs;

1. Previous convictions in judgment: Inquiry report, investigation report (report on confirmation of the facts of the same kind of suspect and the period of suspension of execution), application of statutes of the judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: It is recognized that the Defendant had a record of having already been punished several times due to drunk driving, and in particular, even though he/she was under the suspension of execution and probation, he/she committed the instant crime and is highly likely to repeat a crime.

또한, 피고인은 이 사건 당시 도로 위에서 자동차에 시동을 켠 채 잠이 들 정도로 만취상태였으므로, 그로 인한 도로교통상의 위험이 상당히 높았다고 판단된다....