A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 4, 2009, the Defendant was sentenced to a disposition of sending the case to the Juvenile Department due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Public Prosecutor's Office, and on October 17, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime.

On January 29, 2017, the Defendant, while under the influence of alcohol 0.148% during blood transfusion around 23:03, driven a galone-flick-flick-flick-flick-flick-flick-flick-flick-glick-glick-glick-glick-glick-glick-glick-glon, located in Pyeongtaek-si 201-4, in front of the department department store of the same Eup.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of crackdown on driving under drinking, and a report on the circumstances of the driver under driving under drinking;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Despite the fact that there was a record of being punished for the same kind of crime for the reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, a person again commits a crime of drinking without being aware of the fact that he/she committed a crime during the period of suspension of the execution of the punishment for such crime, and the risk of a traffic accident resulting from driving under drinking [the actual occurrence of a traffic accident due to driving under drinking of this case (the occurrence of an accident caused by the Defendant who was under the influence of alcohol and there was a possibility that a serious loss of human life may occur if he/she was involved)] is considered, a severe punishment is deemed inevitable.

In determining the term of punishment, it is revealed in this case, such as the favorable circumstances other than the above unfavorable circumstances (such as the fact that the defendant shows an attitude to recognize and reflect the crime), and the past criminal history, investigation experience, age, sexual conduct, environment, background or motive leading to the crime, and circumstances after the crime.