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

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon on July 14, 2006. On September 4, 2008, the same court was sentenced to a fine of KRW 3.5 million for the same crime, etc. on September 4, 2008. On August 29, 2012, the defendant was sentenced to a summary order of KRW 6 million for the same crime, etc. on the support of the Suwon Frigwon Grigwon, and was sentenced to a summary order of KRW 6 million for the same crime on March 29, 2016.

[Criminal facts] On September 9, 2018, at around 01:55, the Defendant driven C Poter Cargo Vehicles with approximately 0.102% alcohol concentration in blood from around 200 meters to around the roads of Singu Office Btel in Singu-si, Singu, Singu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of outflow and correction;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes on investigation reports (verification of the same criminal history as the suspect);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of driving, the Defendant, who was punished for driving under drinking on a multiple occasions and was given an opportunity to reflect on his/her ability due to a suspended sentence, once again driving under the influence of drinking.

In addition, considering the history of punishment for unauthorized driving, there is no room for the defendant to take advantage of the fact that the defendant works for a violation of traffic laws.

Provided, That the punishment shall be determined in consideration of the fact that the defendant is led to confession and must support his/her family.