A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 21, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court. On December 16, 2011, the Seoul Central District Court was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act (driving).

On May 17, 2019, the Defendant, who violated the duty of prohibition of driving under the influence of alcohol at least twice, was under the influence of alcohol at least 0.157% again, and driven a motor vehicle in approximately 2 km section from the new fire-fighting station in Seoul, which was under the influence of alcohol at least 0.157%, to the front road of the new fire-fighting station in 301 to the front road in the same Gu B, under the influence of alcohol at around 23:56.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and report processing of 112 reported cases;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (Attachment to the same type of criminal records, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 1530, Jun. 25, 2019);

1. Selection of imprisonment with prison labor chosen;

1. Determination of the same sentence as the order shall be made, taking into consideration the following factors as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the reason for and the measurement of drinking alcohol, the previous conviction and four times (including suspension of execution), the risk of re-offending, and reflectivity, etc. of the Criminal Act.

It is so decided as per Disposition for the above reasons.