A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On April 19, 2012, the Defendant was sentenced to a suspended sentence of three years for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) at the Busan High Court, and on July 12, 2013, the Ulsan District Court sentenced the Defendant to nine months of imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse. On February 21, 2014, the said judgment became final and conclusive and completed the execution of the final sentence in the Ansan Prison on October 29, 2016.

On August 1, 2008, the Defendant received a fine of KRW 5 million from a fine of KRW 5 million due to a violation of road traffic laws at the Ulsan District Court on August 1, 2008, and a fine of KRW 1.5 million due to a violation of road traffic laws at the same court on September 15, 2009.

The Defendant, as above, has violated the provision on the prohibition of driving under the influence of alcohol twice or more, again driven a BN motor vehicle under the influence of alcohol at approximately 0.118% in the section of approximately 1km from the front side of the “Sshin Sshin,” which is located in Ulsan-gu, Nam-gu, Ulsan-gu, Seoul-do, to the front side of the agricultural and fishery products market located in the same Kusan-dong from June 2, 2018 to the lower side of the agricultural and fishery products market located in the same Kusan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount of punishment lies in favorable circumstances, such as that the Defendant reflects the instant crime during the period of repeated crime, but the Defendant went to the instant crime during the period of repeated crime, and there are several criminal records on the criminal punishment of the same kind and different types, etc., the intent of compliance is weak, and the possibility of recidivism is high, and the other Defendant’s age, sex, environment, motive, means and consequence, etc. are likely to be high.