A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment with labor due to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court on April 23, 2015, and was provisionally released on August 14, 2015 in the execution of the sentence by the Gangwon Branch. On September 8, 2015, the Defendant had a total of three times of drinking, including that he/she is under repeated crime as of September 8, 2015. Moreover, on June 3, 2015, he/she was sentenced to three years of suspension of the execution of two years of imprisonment with labor due to the excavation of graves from the early branch of the Chuncheon District Court on June 11, 2015, and the said judgment becomes final and conclusive and conclusive during the period of suspension of execution.

【Criminal facts】 On November 30, 2017, the Defendant driven CPoter II cargo under the influence of alcohol content of approximately 0.124% from a section of about 150 meters from the 150-meter radius to the entrance three-way distance at the front of the fourth police station at the inner police station of the Republic of Korea.

Accordingly, the defendant, who violated the drinking regulations at least twice, was driving a drinking again in violation of the above regulations.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of the case, reporting on the situation of driving a drinking and notifying the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (remony offense and confirmation during the period of suspension of execution);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are against the Defendant, the driving distance is relatively short, the Defendant has a majority of criminal records due to drinking, the Defendant committed the instant crime without being aware of himself/herself even though he/she is a repeated offense or suspended execution, the Defendant’s blood alcohol concentration at the time of the instant case is considerably significant, and the Defendant’s age, sex behavior, environment, background, means and consequence of the commission of the crime, and other circumstances after the commission of the crime.