A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On May 11, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court, on October 8, 2010, a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on May 26, 201, and on May 26, 2014, a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (drinking) was issued to the Sungnam Branch Support of Seongbuk-gu, Seoul District Court on November 30, 207; and on November 30, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking) on December 8, 2017 and the judgment becomes final and conclusive on December 8, 2017.

[2] The Defendant 1 driven a B-6 vehicle under the influence of alcohol concentration of approximately 0.120% over a section of about 150 meters from the roads near the river station located near the river station in Sungnam-si at around 00:08, Jun. 19, 2018 to the road near the water level according to the same Gu, despite the fact that the Defendant had been punished twice or more for the crime of violating the Traffic Act (driving of alcohol) on the road.

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. Investigation report (measurement and report at the distance between the place where the person under investigation drinks alcoholic beverages and the place where the person under investigation takes place);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and application of statutes governing the decision;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Prosecutor’s opinion - Two years of imprisonment;

2. Determination - Imprisonment shall be selected in consideration of the defendant's records of driving alcohol over several occasions for a period of eight months, recidivism during the same suspension of execution, etc.

However, it is advantageous to the fact that the defendant is led to confession, and the distance of the defendant's driving on the wind that is controlled is not clear.