A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 18, 2008, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at a water source method center, and on August 28, 2009, the Defendant was sentenced to a fine of three million won as a crime of violation of the Road Traffic Act (drinking driving) at the Seoul Western District Court.

On May 20, 2018, at around 22:53, the Defendant started a road in front of C elementary school located in D, and driven a new 220 vehicle with approximately KRW 3 km alcohol content 0.113% in the blood alcohol content from the section of approximately 3km up to the road before the station of the town at the time of the wave.

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. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable condition for sentencing) of the Act on the Mitigation of Small Quantity is that the Defendant again committed the instant crime despite the fact that the Defendant had been sentenced to six times of criminal punishment, including two times of imprisonment and three times of suspended execution, due to a violation of road traffic laws (frank driving), and that the driving of drinking is not only the Defendant, but also the crime that may cause serious damage to another person’s life, body, or property, and that the pertinent punishment needs to be imposed is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.