A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2] On February 13, 2014, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Busan District Court, and completed the execution of the sentence on May 22, 2016. On July 23, 2007, the Defendant was sentenced to a fine of two million won due to a violation of road traffic laws (drinking) at the Busan District Court, and on July 5, 2017, the Defendant was sentenced to a fine of one hundred and five hundred and fifty thousand won for the same crime at the Ulsan District Court.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Traffic Act on the road, Defendant 2 driven B-ben cars in the state of alcohol alcohol concentration of approximately 0.144% at approximately 90 meters at a distance of about 900 meters from the front day of the Sho-gu, Busan on Jan. 5, 2018, where around 05:30 to the Pho-gu, Busan on Jan. 5, 2018, he had been under the influence of alcohol level of about 0.144% at the Pho-gu, Busan on the Pho-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement report on the circumstances of the driver at home and report on the traffic accident (1);

1. Inquiries about the results of regulating drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same kind of power and repeated offense);

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

1. In light of the fact that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two times the punishment of a fine for the same kind of crime, and the Defendant committed the instant crime even though he was sentenced to a fine for the same crime committed during the period of repeated crime, and that the Defendant is under the realizing risk of traffic caused by drinking due to the shock of the automatic gas station at the time when the instant crime was controlled, it is inevitable to punish the Defendant with heavy penalty corresponding to the relevant criminal liability.

However, the fact that the defendant has led to a crime and is against himself, and the parents, etc. of the defendant are the preference of the defendant.