A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On July 25, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Busan District Court, and on September 30, 2009, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act at the Busan District Court on September 30, 2009, and was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Busan District Court on April 20, 201. On January 16, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Busan District Court on April 20, and was sentenced to a suspended sentence of eight months or more for a violation of the Road Traffic Act.

On June 26, 2018, around 20:35, the Defendant driven a FG car in the state of 0.069% alcohol concentration in blood at the 1km section from the nearest road located in Busan-gun, Busan-gun, to the front road located in D E.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, circumstantial statements, investigation reports, and report on the situation of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on results of non-verification, and investigation report (verification of drinking records not less than twice);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The crime of this case for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight is driving under the influence of alcohol. The crime of this case is bad in the nature of the crime, the defendant has been punished on six occasions, including two times a sentence for the same crime, and one time a suspended sentence, and in particular, on January 16, 2015, the Busan District Court was sentenced to eight months of imprisonment with prison labor for the crime of violating the Road Traffic Act (driving) at the Busan District Court on April 6, 2015 and attempted to commit the repeated crime (from April 6, 2015 to April 5, 2018). The defendant again committed the crime of this case on June 26, 2018, and even though the defendant was under the influence of alcohol, he had no choice but to contact him with him.

Although there is a change, it seems that the defendant could have easily used the taxi or public transportation at the place where he started to drive.