A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On July 18, 2006, the defendant was issued a summary order of 2.5 million won by committing a violation of the Road Traffic Act at the Suwon District Court's site site, and on May 19, 2009, the same court was sentenced to a suspended sentence of 1 year for 5 months by committing a violation of the Road Traffic Act.

【Criminal Facts】

On July 6, 2012, at around 01:40, the Defendant driven a DNA New XG car from the front day of the “New Pyeong Airport” road in Pyeongtaek-si, to the front day of the 71st day of Pyeongtaek-si dong, approximately KRW 3Km alcohol content at approximately 0.170%, under the influence of alcohol.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the status of the driver, report on the status of the driver, and report on the status of the driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of criminal punishment on four occasions due to driving under the influence of alcohol, in particular, the Defendant committed the instant crime without being aware of the fact that the Defendant was sentenced to a suspended sentence of imprisonment due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving) and without being aware of the fact that the Defendant again committed the instant crime without being aware of the fact that the blood alcohol concentration in the instant case was higher than 0.170%, it is inevitable to sentence the Defendant to a sentence.

However, the fact that the defendant seems to be confession and reflect, etc. shall be considered as a favorable condition to the defendant, and all other circumstances, such as the defendant's age, character, conduct and environment, and circumstances after the crime, are considered as a condition for sentencing as ordered.