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

Punishment of the crime

[criminal history] On August 23, 2013, the Defendant was sentenced to one year by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (driving of Drinking), etc., and the parole period was expired on September 30, 2014 during the execution of the sentence, and the parole period was expired on October 16, 2014. On June 19, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violation of Road Traffic Act (driving of Drinking) at the same court support.

[2] On May 31, 2017, the Defendant driven a B L-type car under the influence of alcohol content of 0.083% while under the influence of alcohol content 0.083%, from around the main station near the door-type terminal located in the Sinan-Eup, Chungcheongnam-si, Chungcheongnam-si to the salary tunnel located in the same Sinju-Eup, Pakistan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below): The defendant was punished for driving under drinking, and did not do so during the period of repeated crime; in particular, the defendant was investigated by an investigative agency on May 14, 2017 when he was investigated on the same day during the period of repeated crime; driving under drinking is conducted 17 days after he was investigated; driving under the influence of drinking is a crime that may cause damage not only to an individual but also to life and property; it is necessary to strictly punish the defendant; in light of the above records, etc., it is difficult to expect the effect of recidivism against the defendant.

Considering that it is judged, the court shall select imprisonment.