A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On February 5, 2008, the Defendant was issued a summary order of one million won for a crime of violating road traffic law (drinking driving) at the Seoul Southern District Court. On November 20, 2008, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Seoul Northern District Court. On December 13, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime.

[2] On May 6, 2016, around 21:50, the Defendant driven a CNEW EF small-scale car with approximately 800 meters alcohol content 0.149% under the influence of alcohol from around 21:55 to around 21:5 of the same day from the shooting distance in the Jeondong-dong, Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu to around 145.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and results of drinking;

1. A report on investigation (report on a distance);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the criminal history of the suspect) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the accused has a large number of criminal records for the same offense, and twice of which is the previous criminal records of probation, and the circumstances of driving of the instant case, etc. are considered;