A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On April 24, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court on February 23, 201, a fine of KRW 1.5 million for the same crime from the Pyeongtaek District Court’s Pyeongtaek District Court on February 23, 201, and a fine of KRW 1.5 million for the same crime in the same court on March 29, 201, two years of the suspension of execution in June and one million for the same crime at the Suwon District Court on October 15, 201, respectively.

On January 30, 2019, at around 05:00, the Defendant driven a fa-turd vehicle with a blood alcohol concentration of about 400 meters from the front side of Pyeongtaek-si B to the front side of E in the same city D, while under the influence of alcohol of about 0.108%.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, was driving a motor vehicle, etc. while under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report and investigation report;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, investigation reports, etc. (attached to judgments, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant again commits the instant crime even though he/she was punished for drinking and non-licensed driving, and as such, the nature of the relevant crime is not very good, and thus, the Defendant is sentenced to the penalty. However, the degree of blood alcohol content, driving distance, and criminal records, etc. shall be taken into account in sentencing.