A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 4, 2009, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court, etc. on September 8, 2009 by the same court on the same offense, etc. on September 8, 2009 to a suspended sentence of six months, and a fine of nine million won due to the same offense in the same court on December 14, 2010, respectively. On June 15, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same offense, etc. at the same court on June 15, 2012.

On April 19, 2013, at around 21:10, the Defendant driven Cpoter cargo at a section of approximately 500 meters from the front of the Southern cafeteria located in the Gyeongsan-dong, Gyeongyang-dong, to the front of the Gyeongsan Police Station located in the same city-dong, while under the influence of alcohol by 0.058% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, etc., inquiry reports and investigation reports (in addition to four copies of judgment and two copies of summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The Defendant did not have high blood alcohol content at the time of committing the crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation; however, the Defendant was punished three times by a fine for the same criminal offense and three times by a suspended sentence. In particular, the Defendant committed the instant crime even though he was sentenced to two years of a suspended sentence on June 15, 2012 due to drinking and driving without a license, and the said judgment became final and conclusive on October, 2012, and even during the suspended sentence, even though he was sentenced to a repeated fine during the suspended sentence period due to drinking, driving without license, and driving without license during the suspended sentence period, taking into account the following factors: (a) the Defendant committed the instant crime; and (b) the Defendant was sentenced to a repeated fine during the suspended sentence period due to drinking, driving without license during the period of a suspended sentence, it is inevitable to sentence a

Other normal data, such as the defendant's age, character and behavior, and living environment.