A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 2, 2014, the Defendant: (a) was punished by a fine of three million won for a violation of Road Traffic Act (drinking driving) at the Incheon District Court on June 2, 2014;

7. 18. The Seoul Eastern District Court was sentenced to a fine of KRW 2.5 million for the same crime, and on October 14, 2015, sentenced to imprisonment for a violation of the Electronic Financial Transactions Act, on January 14, 2015, and the judgment became final and conclusive on April 28, 2016, and completed the execution of the sentence on July 31, 2016.

On September 23, 2017, while under the influence of alcohol level of 0.122% from the blood alcohol level of around 23:15, the Defendant driven a motor vehicle with Dindo over a section of about 300 meters from the e-mail terminal located in Echeon-si, Leecheon-si, Gyeonggi-do to the road front of the Leecheon-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under the liquor:

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a written confirmation of investigation (Attachment to summary written orders);

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

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount is that the Defendant had been punished twice due to drinking, and the Defendant again committed the instant crime even during the period of repeated crime, and therefore, it is necessary to make a strict punishment.

The defendant will be selected to be sentenced to imprisonment.

Although the defendant suffers from mental and physical diseases, such as depression disorder, and there are circumstances to consider the situation of drinking driving.

However, such circumstance alone alone makes it difficult to live a prison life or makes it inevitable to drive drinking.

Since it is not visible, it is not appropriate to select a heavy disposition of fine.

However, in consideration of such circumstances, the punishment as ordered shall be determined within the scope of the term of punishment for which the reduction of the amount is made.