A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On August 17, 2009, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on August 17, 2009, and on August 12, 2015, the same court issued a summary order of KRW 4 million for the same crime at the same court on August 12, 2015, and on June 15, 2016, the same court was sentenced to 2 years of suspension of execution on June 23, 2016 and became final and conclusive on June 23, 2016, and was punished for a violation of the Road Traffic Act (driving) at least twice.

【Criminal Facts】

On October 29, 2018, at around 13:20, the Defendant driven an E-1 ton vehicle while under the influence of alcohol content of about 0.107 percent from the five kilometers from the front side of the Ulle Military B to the front side of the D in Ulle Military C.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the report on the actual state of the driver, the report on the actual state of the driver's license, the report on the actual state of the driver's license, and the management and inquiry;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant was punished several times for the same kind of crime (two times a suspended sentence, three times a fine), and it is inevitable to sentence the defendant to a disadvantage considering the following circumstances: (a) the defendant once again 4 months have passed after the period of suspended execution due to the same kind of crime expires; and (b) the driving of the instant case is driving under the influence of alcohol and the high level of drinking alcohol.

However, according to the defendant's argument, the defendant was found to have been exposed to the drinking control at 1 p.m. on the following day due to drinking, and according to these circumstances, the defendant is the defendant.