A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to a summary order of a fine of five million won due to a violation of road traffic law (drinking) at the Suwon District Court Won District Court on the grounds of a violation of road traffic law. On January 23, 2014, the Defendant was sentenced to a suspended sentence of two years on January 23, 201, and the said judgment became final and conclusive on February 4, 2014.

On November 06, 2015, at around 00:41, the Defendant driven B cargo at a section of approximately 1.5 km from the front of the modern securities located in Pyeongtaek-si, Pyeongtaek-si to the front day of the youth station located in the same Sigsan-Eup Sagdo, with alcohol content of about 0.078% during blood, while under the influence of alcohol.

As a result, the defendant was punished not less than twice due to drinking, and was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime record);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Determination on the application of the O sentencing guidelines for the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: It shall be taken into account all the circumstances, such as the fact that a person once under suspension of execution was sentenced to a suspended sentence after committing the crime for the captain of a motor vehicle under influence of alcohol during the period of suspension of execution;