A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 15, 2010, the Defendant received a summary order of a fine of three million won due to a crime of violating the Road Traffic Act (drinking driving), and on March 29, 201, the Defendant was sentenced to a fine of four million won due to a crime of violating the Road Traffic Act (drinking driving) at the same court on March 29, 201, and on September 20, 2012, the Defendant was sentenced to a suspended sentence of two years for six months.

On December 15, 2016, around 23:20 on December 15, 2016, the Defendant driven BM5 vehicle under the influence of alcohol content 0.164% at a section of approximately 100 meters from the front of a non-cafeteria-dong, etc. adjacent to the Seoul Southern-gu Seoul Metropolitan City, to the front of the entrance of the same non-fluoral market.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (compact reporting including summary orders for drinking driving

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight is that the Defendant was punished five times from 2004 to 2012 due to drinking, but the Defendant was under the influence of alcohol, and that the Defendant was under the influence of alcohol during his blood, so it is inevitable to sentence the Defendant to be sentenced due to high alcohol level in his blood.

However, given that there are favorable circumstances such as the Defendant’s confession and reflects the Defendant’s criminal act, and the lapse of four years from the time of the last punishment, these factors should be taken into account, and all of the sentencing conditions specified in the pleadings of this case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.