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

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years in June 2015 on June 26, 2015 to imprisonment with prison labor for a violation of road traffic law (dacting driving), etc. in the credit support of the Suwon Flag Flag Flag. The Defendant has four-time criminal records.

[2] On November 13, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving), and on June 26, 2015, the same court was sentenced to a suspended sentence of KRW 2 years on July 4, 2015 due to the same crime, etc., and the decision became final and conclusive on July 29, 2015. However, on June 29, 2017, the Defendant was driving a motor vehicle owned by the Defendant under the influence of alcohol level of KRW 0.271% during blood alcohol level from approximately 2 km to the road of convenience point of approximately 126, GS25 in the city of Gyeonggi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the confirmation of identical crimes during the same type of force and probation period);

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. In addition, the Defendant, who had been punished several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, committed the instant crime while under the suspension of execution. In addition, the instant traffic accident was caused by the instant driving, and the Defendant’s mistake was divided into unfavorable circumstances, such as the high concentration of algos during blood, and the favorable circumstances, such as reflectd circumstances, etc., shall be sentenced to the same sentence as the order.