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

Punishment of the crime

[criminal history] On January 18, 2008, the Defendant was sentenced to a fine of 3.5 million won for a crime of violating road traffic laws at the Seoul Western District Court on December 16, 2013, a fine of 4 million won for a crime of violating road traffic laws in the same court on December 16, 2013, and the same court on June 9, 2015, to a suspended sentence of 8 months for a crime of violating road traffic laws.

[2] On May 24, 2017, the Defendant driven the Dam5 car at approximately 100 meters while under the influence of alcohol concentration of 0.246% in blood, at the access road to Samcheon apartment units located in 20 Dopo-ro 27 Dopo-ro Dopo-ro in Ansan-si around May 24, 2017.

Accordingly, even though the Defendant had been punished more than twice due to a violation of the Road Traffic Act (drinking), the Defendant driven a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same type) statute;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: The number of criminal records of the same kind and the same type of crime during the period of suspension of execution, and the blood alcohol concentration in the blood during the period of suspension of execution is high. - favorable circumstances: The defendant appears to reflect when he/she recognizes the crime; the defendant disposes of the instant vehicle; and the distance of operation is relatively short.