A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal record] On April 14, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Incheon District Court’s Vice-Support, and completed the execution of the sentence on February 9, 2016.

[Criminal facts] On July 16, 2017, around 00:53, the Defendant driven B 9 automobiles while under the influence of alcohol content of 0.118% at approximately 200 meters from the roads near the Yongsan-dong in Incheon, Nam-gu to the same Don-ro 366, the same Don-ro Don-ro, and from the roads front of the meritorious digging bridge.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of suspect repeated crimes);

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

1. Article 35 of the Criminal Act provides for the reason for sentencing of aggravated repeated crime: (a) the Defendant was driving alcohol during the period of repeated crime to be familiar with, and resulting in the instant crime; (b) thus, there is a high possibility of criticism for such crime.

The defendant's drinking numerical value is not easy, and the defendant has already been punished by a fine due to driving of light drinking or without a license in 2013.

Since drinking driving includes not only the defendant's own life but also the risk of threatening the safety of other unspecified drivers, the necessity of such punishment can not be deemed to be light.

The defendant has the past record of criminal punishment of five times, including one criminal conviction and one suspended sentence.

The part of the indictment of this case and the summons of the defendant were served on the mother of the defendant, but the defendant did not appear on the date of the public trial, and the defendant did not confirm the actual dwelling place or contact address and eventually led to the progress of the public trial procedure through public notice service. However, driving of the defendant's drinking did not cause any personal and material damage.