A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On February 23, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on December 5, 2014, issued a summary order of KRW 4 million for the same crime at the Seoul Central District Court. On September 17, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the Seoul Southern District Court, which became final and conclusive on September 25, 2015.

[2017 Highest 1446 Criminal facts] around 01:49 on June 2, 2017, the Defendant driven a C low-speed car in the state of alcohol alcohol concentration of about 25km from the 25km section of the Gangseo-gu Seoul Metropolitan Government to the 1187rd road in Namyang-si, Namyang-si.

[2017 Highest 1853 Criminal facts] On June 23, 2017, the Defendant driven CA car under the influence of alcohol concentration of about 0.144% from the blood alcohol level at approximately 50 km to the point of 106.5km (papway direction) located in the Jung-gu Incheon, Jung-gu, Incheon, through which it is difficult to identify the trade name near the Young-gu, Jung-gu, Incheon, Jung-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

[2017 Highest 1446]

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of driving at home, inquiry into the results of crackdown on driving at drinking, and notification to the department that reported the 112 Incident;

1. Written statements of D;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Attachment of previous rulings 1853, 2016, 2016, 2053);

1. Statement by the defendant in court;

1. Arrest report on the occurrence of the case, report on the situation of the main driver's operation, report on the situation of the main driver's driver, and field photograph;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;