A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 7, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court, on November 21, 2006, a fine of four million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court. On September 3, 2007, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court. On September 6, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court. On September 14, 2012, the above judgment became final and conclusive on September 14, 2012.

On July 21, 2012, the Defendant, while under the influence of alcohol at 0.228% on blood alcohol level on July 17, 2012, driven C Poter in a section of about 6 km from the community hall around the Gedong University located in the Geari-gun of Chungcheongnambuk-do to the old end in the corner of the Gedong University located in the Geari-gun of Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, is driving a cargo vehicle while under the influence of alcohol content 0.124% on June 14, 2012.

On September 6, 2012, Suwon District Court was sentenced to the suspension of the execution of 10 months of imprisonment with prison labor for 4 weeks.

On July 21, 2012, when the investigation of the above drinking traffic accident case was underway, the Defendant driven the above cargo while under the influence of alcohol 0.228%.

Even though the defendant was injured by driving under influence, he is driving under the influence of alcohol at the time when one month passes from that time, and the drinking level is very high.

In this respect, the crime of this case is committed.