A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On May 28, 2008, the Defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act, the Defendant was sentenced to a suspended sentence of one year for six months in imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and one year in a suspended sentence on September 27, 2012, and two years in a suspended sentence for eight months in imprisonment with prison labor for the same court.

【Criminal Facts】

On July 13, 2016, at around 23:45, the Defendant driven B K7 car from around 2km to around 654, Gangnam-gu, Gangnam-gu, Seoul, while under the influence of alcohol by 0.15% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions: References to criminal records and investigation reports (Attachment of suspect A-related cases) shall apply to statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, including a person who had been sentenced to two times of suspended sentence due to drunk driving, including a person who has been sentenced to two times of suspended sentence due to drunk driving; (b) once again, he had been sentenced to criminal punishment on several occasions; (c) the degree of blood alcohol concentration is not lower than 0.155%; and (d) the Defendant’s repeated crime of the same kind and attitude of disregarding the legal order, etc.

Provided, That the punishment shall be determined as per the order in consideration of the fact that the defendant is against his/her gender and other circumstances, such as the age and environment of the defendant.