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

Punishment of the crime

On December 11, 2008, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking), etc. at the Jung-gu District Court on December 11, 2008, and was sentenced to a summary order of five million won due to a violation of the Road Traffic Act at the Seoul East-gu District Court on September 24, 2015, and was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking).

On January 28, 2018, the Defendant driven C Poter Cargo under the influence of alcohol by 0.152% from the two kilometers from the 7rd street of 269 to the same dong-ro 5th street from the 7rd street of the same city to the same dong-ro 5th street.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities are convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In the instant case, the Defendant’s blood alcohol concentration as 0.152% at the time when the Defendant’s control was 0.152%, and the driving of a motor vehicle was able to drive the motor vehicle with a high level of driving due to a big distance, etc., and the risk of occurrence of a traffic accident due to the foregoing drinking driving was also high.

The defendant actually caused a traffic accident by taking another vehicle that is going on a two-lane, while driving in a straight line by realizing the above risk. The illegality of the crime is committed.