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

Punishment of the crime

On March 19, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Jung-gu District Court on March 19, 2009, and on June 17, 2010, the Defendant was sentenced to six months by imprisonment for a violation of the Road Traffic Act.

On April 18, 2019, around 20:42, the Defendant driven a E-Poter in the state of alcohol alcohol concentration of approximately 0.150% from a section of approximately 300 meters, from the click to the D cafeteria located in C, in both cities.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant again commits the instant crime even though he/she had a previous conviction for the same kind of punishment, including the previous conviction, during the period of suspended execution, the Defendant’s blood alcohol concentration was considerably high, the Defendant’s previous conviction was relatively long, and the Defendant’s age, character and conduct and environment, motive, means and consequence of the instant crime, and other conditions of sentencing as indicated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered, taking into consideration the following factors.