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

Punishment of the crime

On February 28, 2007, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on February 28, 2007. On October 16, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

Although the Defendant had been punished for drinking driving two or more times as above, he driven a Dmon vehicle on the road near “C cafeteria” located in the North Gunsan City B before he was under the influence of alcohol leveling 0.205% of the blood alcohol level on July 18, 2018, while he was under the influence of alcohol leveling 0.31.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver placed in drinking, report on investigation (report on the situation of the driver placed in drinking), reply to requests for appraisal, and inquiry about the results of crackdown on the

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of criminal history of the same type - Attachment to judgment, etc.); Application of statutes;

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 Act on the Mitigation of Small Quantity Reduction and Punishment are divided and reflected by the Defendant’s wrongness. However, in light of the fact that the previous history of punishment for driving under drinking has three times or more but the previous history of the suspension of the execution of imprisonment, a person driving under drinking again despite the fact that he/she had been sentenced to a suspended sentence of imprisonment, and a person driving under drinking under the influence of 0.205% alcohol concentration during blood, it is inevitable to sentence the Defendant’s sentence.

The punishment shall be determined as ordered in consideration of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.