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

Punishment of the crime

[criminal history] On September 17, 2014, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) in the support of the Chungcheong District Court of Chungcheongju on September 17, 2014, and on October 13, 2014, the Defendant was sentenced to ten months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court, and completed the execution of the sentence at the Suwon District Court of Daejeon on June 20, 2015. On February 20, 2018, the judgment became final and conclusive on February 28, 2018.

[2] On November 2, 2016, the Defendant driven a D-bed motor vehicle at a distance of about 20 meters from N parking lot located in Chungcheongnam-gun M to P pharmacy located in O, while under the influence of alcohol 0.141% during blood in around 16:45 on November 2, 2016.

Summary of Evidence

1. Data to close the course of operation by the person under obligation to drive;

1. A written statement of the driver who takes charge;

1. Notification of the results of regulating drinking driving;

1. An inquiry into the register of lanes and the register of driver's licenses;

1. Criminal records: (A) a reply to inquiry, such as criminal history, a report on investigation (the confirmation of identical records and cases under trial of the suspect), the status of acceptance by each individual, and the application of statutes of Daejeon District Court 2017 High Court 1904);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act provides, however, that the instant crime was committed again during the period of repeated crime due to the same kind of crime for the reason of sentencing as prescribed by Articles 39(1) and 55(1)3 of the Criminal Act; and that the instant crime was committed again during the period of repeated crime, taking into account the facts that the alcohol concentration in blood during the instant crime was higher than 0.141%, criminal records, equity in cases where a judgment is rendered concurrently with the crime for which judgment became final and conclusive, and other conditions of sentencing are considered.