A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On December 21, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act at the Changwon District Court on December 21, 2009, and was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court on September 2, 2010, and was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act at the Ulsan District Court on May 29, 201, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Ulsan District Court on May 29, 201, and had a record of drinking driving two times or more.

On February 9, 2019, around 22:36, the Defendant driven a e-mail-man car in the state of drinking in the state of alcohol with approximately 1k alcohol concentration of about 0.126% from the section of approximately 1km from the front of the B market in Yangsan-si to the front of the D school located in Yangsan-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records: Application of criminal records and investigation reports (Attachment to the same attached records, etc.);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. The rationale behind sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that it is favorable for the defendant to recognize and reflect the facts charged.

On the other hand, the fact that the defendant has been punished four times due to drinking driving, the fact that the defendant was subject to suspended sentence in the last past force, but he again leads to the crime of this case despite being subjected to suspended sentence, and that the blood alcohol concentration is high is disadvantageous to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive of crime, etc. of the defendant, shall be determined as per the disposition.