A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 30, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the support of the Daejeon District Court Seosan on March 30, 201, and was issued a fine of KRW 3 million for the same crime in the same court on February 27, 2014, and was issued a summary order of KRW 3 million for the same crime in the same court on July 23, 2014, and on May 24, 2016, the Defendant was sentenced to a summary order of KRW 3 million for the same crime of violating the Road Traffic Act (unlicensed Driving) in the same court on June 1, 2016, and was sentenced to a suspended sentence of imprisonment of KRW 4 months for the same crime of violating the Road Traffic Act (unlicensed Driving) and was finalized on June 1, 2016.

[Criminal facts] On February 16, 2017, the Defendant driven a e-car with low alcohol level of 0.113% in the blood transfusion around 20:31, the Defendant driven a D cafeteria in front of the D cafeteria located in Seosan-si C at a about five meters distance.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (driving hours);

1. A report on internal investigation (a written report on control, etc.);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report ( drinking driving and confirmation of non-licensed driving);

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 light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity is not only the fact that the defendant was punished as a fine on a several occasions due to drinking driving, but also again commits the instant crime even during the period of suspension of execution due to an unlicensed driving, and that the Defendant’s blood alcohol concentration at the time of driving reaches 0.113%, it is inevitable to sentence the Defendant’s imprisonment.

However, there are some circumstances that may be taken into account in light of the defendant's wrongness and driving circumstances, and the driving distance of drinking is very short.