A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 22, 2008, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court, and on December 20, 201, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act.

On May 24, 2017, while under the influence of alcohol content of 0.159% among blood transfusions, the Defendant driven B K3 motor vehicles at the section of approximately 400 meters from the front of a mutually influent restaurant near the city apartment distance of Busan, which is located in 3-dong, Busan, to the front of the residents' center located in 1-dong of the same Gu.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (verification of criminal history);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant was sentenced to four times due to drunk driving and two times due to unlicensed driving; (b) the Defendant was sentenced to a suspended sentence due to drinking or non-licensed driving in 201; (c) the Defendant went to the instant crime even if he was sentenced to a suspended sentence due to drinking or non-licensed driving in 201; and (d) it is difficult to achieve the purpose of punishment due to the sentence

The sentence shall be sentenced as it appears.

Considering the fact that the defendant seems to reflect, the punishment was determined in consideration of the defendant's age, sex, environment, motive and means of committing the crime, the circumstances after committing the crime, and other various sentencing conditions as shown in the arguments in this case.