A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On January 25, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on July 29, 2013, KRW 2 million for the same crime from the Jeonju District Court’s Gunsan Branch, and KRW 7 million for the same crime at the same court on April 6, 2016, respectively.

【Criminal Facts】

On December 18, 2018, at around 03:30, the Defendant driven Dbee or car under the influence of alcohol content of about 0.139% in the section of about 3km from the front of the road located in Yasan-si B, 04:06 on the same day to the front of the original sale service distance of about 1296, the Hansi-si.

As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the regulation of drinking driving, and on-site photographs;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (report accompanied by a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant repents and reflects the wrong facts, and again makes the defendant not to drive under the influence of alcohol.

However, the Defendant was punished by a fine due to drinking driving at around 2010 and was punished for a total of three times, but the Defendant committed the instant crime within a short period without drinking.

Considering the above circumstances and the degree of blood alcohol level at the time of the instant crime, the sentence is imposed on the Defendant, taking into account the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and taking into account the following circumstances into account.