A defendant shall be punished by imprisonment for six months.

Criminal facts

On July 4, 2012, the Defendant was sentenced to a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on July 4, 2012; on October 6, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court on October 6, 2015; on May 1, 2017, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Ansan District Court.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol twice or more, the Defendant driven a DNA low-income motor vehicle under the influence of alcohol from the road located in Seocheon-si B around June 23, 2019 to the roads in front of the same city hotel in approximately 200 meters to the roads in front of the city hotel.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of criminal records of sound driving);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for eight months in the Suwon District Court on May 1, 2017 due to the crime of violation of the Road Traffic Act, which was committed three times after the Defendant was sentenced to a fine due to the crime of violation of the Road Traffic Act (driving). However, the Defendant committed the instant crime of the same kind at the same time as the Defendant had been sentenced to a suspended sentence of two months after the lapse of the grace period and the lapse of two months. As such, it is inevitable that the Defendant was sentenced to a sentence corresponding to the nature of the crime and the criminal circumstances.

However, given that there are extenuating circumstances, such as the fact that the defendant is able to not commit such a crime again while breaking his own wrong mind, etc., it shall be within the scope of the term of punishment mitigated to the defendant.