A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On August 3, 2007, the defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking driving) at the Busan District Court's Dong branch branch branch on September 1, 2009, a fine of four million won due to a violation of road traffic law (drinking driving) at the same court on September 1, 2009, and on January 25, 2013, the same court was sentenced to a suspended sentence of eight months and two years due to a violation of road traffic law (drinking driving) at the same court.

[2] On November 22, 2016, under the influence of alcohol leveling 0.402% during blood transfusion around 12:53 on November 22, 2016, the Defendant driven approximately 3 km from the CJ container in the south-gu Busan metropolitan city to the front day of the CJ container in the same Gu and the front day of the CJ container in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents (1) (2) , inquiries about the results of crackdown on driving alcohol, reports on the situation of the driver in charge, reports on blood gathering, reports on criminal investigations, written statements on the occurrence of traffic accidents, requests for appraisal and response to requests for appraisal ( blood alcohol appraisal) , inquiries about the results of crackdown on driving alcohol, reports on the detection of drivers in charge of driving alcohol, and reports on the detection of drivers in charge;

1. Previous convictions: Application of written inquiries about criminal history and Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant had already been subject to three times of criminal punishment due to driving of alcohol (the most recent imprisonment was sentenced to two years of suspended sentence in August) again, he/she drives the instant alcohol again; the alcohol content in the blood is 0.402% higher than that of the blood; and the Defendant has been forced to drive the alcohol inevitably.

There is no circumstance to see, in light of this point, it is inevitable to sentence the Defendant’s sentence.

However, in consideration of the fact that the defendant's mistake is too late and the reasons for the sentencing specified in this case are somewhat taken into account, the punishment as ordered shall be determined within the scope of the sentence mitigated.