A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 5, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2.5 million for a crime of violating the Road Traffic Act in the same court on June 24, 2011, respectively. On February 10, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act (drinking driving) by the same court on February 10, 2015.

[Fact of crime] On June 28, 2017, the Defendant driven B K3 cars under the influence of alcohol with about 300 meters alcohol concentration of about 0.082% from the section of the 300 meters away from the day of the Geum-gu, Busan to the day before the maintenance of the Heung-dong located in the Geum-gu, Busan.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reports;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);