A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 27, 2016. On December 23, 2016, the Defendant was sentenced to a suspended sentence for six months in imprisonment with prison labor at the Jung-gu District Court on the same crime and the judgment became final and conclusive on December 31, 2016.

【Criminal facts” around March 11, 2018: (a) around 05:19, the Defendant driven C SP car while under the influence of alcohol content 0.124% in alcohol while driving the C SP car from the south-gu Seoul Metropolitan Government Do-ro to the front road of 638-1 ( Changdong) in Dobong-gu Seoul Metropolitan Government Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. An explanatory note;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of driving have the record of having already been punished twice due to drinking driving, and the Defendant also committed the instant crime of drinking alcohol during the suspension period of execution due to the same crime.

Furthermore, since the above crimes, including the crime of this case, were repeated during the second year after all the above crimes were committed, the defendant is judged to have a habit of drinking driving.

The defendant was divingd in a vehicle by another person's 112 report, so it can be known that the defendant's situation was very dangerous at the time.

The defendant shall be punished by imprisonment with prison labor because the numerical value of alcohol concentration in blood is high to the extent that the driver's license is revoked.

The defendant seems to have scarcityd the awareness of the crime of drinking driving, and it was judged that the wife had no intention to do so.

In determining the term of punishment, a separate traffic accident is caused by driving of drinking of this case.