A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 15, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Branch Branch on November 15, 2012, and a fine of KRW 1.5 million as the same crime from the Suwon Branch Support on January 28, 2014, and was sentenced to a suspended sentence of KRW 1.5 million on April 3, 2015 from the Incheon District Court Branch Support to the same crime.

Although the Defendant had been able to drive alcohol more than twice as above, on June 10, 2017, at around 23:07, the Defendant driven the Danland under the influence of alcohol content of 0.129% from the front day of the restaurant located in the Soyang-gu, Seoyang-gu, Goyang-gu to the road of the same 214th day of the same driving route.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, copy of summary order, and application of the text of the judgment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable condition considered as the reasons for sentencing as follows) of the Act on the Mitigation of Small Quantity are the records of punishment for driving under the influence of alcohol several times prior to the instant case (two times a punishment penalty, and one time a suspended sentence of imprisonment). In particular, on June 16, 2016, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of six months for the crime of violating the Road Traffic Act (a non-licenseless driving) at the Seoul Southern District Court, which was under the suspended sentence of six months, and sentenced to a suspended sentence of six years for the present time, and the driving of drinking is a crime that may cause damage not only to individuals, but also to other unspecified lives and property, and it is strictly required to punish the Defendant. In light of the fact that it is difficult to expect the effect of recidivism prevention against the Defendant.