A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 31, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on two or more occasions by being sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking) in the Busan District Court's Dong Branch branch branch branch on February 16, 2016, and a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking) in the Busan District Court's Dong branch branch on February 16, 2016.

On April 1, 2018, the Defendant driven a B Mari-type car with alcohol level of 0.145% while under the influence of alcohol level around 03:00, and proceeded to the front of the B Mari-dong in the vicinity of the Busan Hari-dong, Busan Hari-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of the previous records of punishment for the same type);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the Defendant had already been punished for two times of drinking, and if so, the Defendant committed the instant crime, considering the degree of driving, vehicle driving time, the circumstance and process that the Defendant was discovered, etc., the Defendant shall be sentenced to imprisonment with prison labor for a short term, taking into account the fact that there is a considerable large risk of and considerable possibility of criticism.