A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 17, 2011, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on October 17, 201, and a person who had been sentenced to a suspended sentence of two years for a year of imprisonment with labor for the same crime in the same court on August 13, 2013.

피고인은 2017. 1. 24. 22:40 경 혈 중 알코올 농도 0.131% 의 술에 취한 상태로 대전 유성구 안산동에 있는 정통 짬뽕 앞 도로에서부터 같은 구 노은동에 있는 정다운 주유소 앞 도로에 이르기까지 약 5km 구간에서 B SM5 승용차를 운전하였다.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Giving notice of the details of crackdown, the results of crackdown on drinking driving, the circumstantial statement of the driver under driving, and inquiry into the results of crackdown on drinking driving;

1. Application of an inquiry letter, such as criminal history, and an investigation report (in addition to a copy of a summary order issued on the same type of crime);

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the Defendant, who led to the confession of the instant crime, and the prevention of recurrence, is against the Defendant.

However, in consideration of the fact that the Defendant had been punished several times, including a suspended sentence due to drinking driving, and again commits the instant crime, it seems that there seems to be insufficient awareness of the crime of drinking driving, such as committing the instant crime. Considering the fact that the drinking value at the time of the instant case is considerably high and the distance of drinking driving is considerably high, it is necessary to punish the Defendant corresponding thereto.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., are considered.