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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
【Criminal Records of Crimes】 On July 8, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws at the Ulsan District Court on July 8, 2013 and a fine of KRW 5 million for a crime of violating road traffic laws at the Ulsan District Court on August 22, 2013.
【Around May 30, 2018, the Defendant driven two vehicles a gallon to C gallon under the influence of alcohol content of about about 300 meters from the 300-meter section to the Dolet 117 at the center right-way, Yangsan-si 9-dong, Yangsan-si, Yangsan-si.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (applicable to the same type of judgment, etc.);
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. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act of the Reduction of Small Quantity, the following should be considered: (a) the Defendant was sentenced to a fine for a violation of the Road Traffic Act in 2000, 2001, and 2009; (b) a violation of the Road Traffic Act in 2014; (c) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act in 2014; and (d) a suspension of the execution of imprisonment with prison labor for a violation of the Road Traffic Act (d). At the same time, this case falls under the third “three-dimensional driving of drinking”; (d) a three-dimensional driving of drinking alcohol at the time of the suspension of the execution of imprisonment with prison labor for the above 2014; and (e) a person was sentenced to a compliance instruction for 40 hours at the time of the suspension of the execution of the sentence of imprisonment with prison labor for the above 2014, and thus, (e) a person likely to repeat drinking.