A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 3, 2012, the Defendant received a summary order of KRW 5,000,000 from the Seoul Northern District Court on the grounds of a violation of the Road Traffic Act (driving). On July 9, 2014, the Defendant received a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Northern District Court, and on June 30, 2016, the Defendant was sentenced to imprisonment of KRW 8 months with prison labor for the opening of gambling spaces at the Jeju Northern District Court and completed the execution of the sentence on November 7, 2016.

Criminal facts

On February 21, 2019, around 04:50 on February 21, 2019, the Defendant driven a DMW car owned by the Defendant-friendly C, under the influence of alcohol content 0.190%, from the 5th underground parking lot of Jongno-gu Seoul Metropolitan Government Jongno-gu, to the roads in front of the Seoul Jongno-gu 92-1 (Cheongchip Automatic Resident Center).

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (official application of the Ba mark);

1. Previous convictions in judgment: Application of criminal records, references to criminal records, investigation reports (former and previous records), investigation reports (pre-suspects and confirmations of suspects), and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) which select a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had the record of being punished for drunk driving twice for seven years like the above previous offense. The Defendant, even though he was a repeated crime for this type of crime, was in the form of a repeated crime, and the blood alcohol level cannot be deemed to be less and less than impreciably, and driving under the influence of alcohol is a dangerous act that exposes the possibility of large large number of unspecified people passing along the road while complying with traffic regulations.