A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 5, 2010, the Defendant was sentenced to a fine of 6 million won by the Chuncheon District Court for a violation of the Road Traffic Act (driving) on February 5, 2010, and was sentenced to a suspended sentence of 6 months in the Incheon District Court for a violation of the Road Traffic Act (driving) on March 14, 2014, and was sentenced to a suspended sentence of 2 or more times under Article 44 (1) of the Road Traffic Act.

On July 21, 2015, at around 02:40, the Defendant, while under the influence of alcohol with 0.213% of blood alcohol concentration, driven Bone Star Motor Vehicle in the front of a new bank located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, on the commercial incompact-dong 940 meters prior to the transfer of Suwon-si, the Defendant driven Bone Star Motor Vehicle at the 3km section.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of drinking control;

1. A driver's license inquiry;

1. Three copies of the on-site photographs;

1. Two copies of a witness's statement;

1. Previous records of judgment: Application of replys to criminal records, replys to investigation, and Acts and subordinate statutes (reports on binding of the same type of criminal records and written judgments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Article 37 and Article 38 of the Criminal Act seems to be erroneous in the column of applicable provisions of the indictment for commercial concurrent crimes;

Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. The sentence of imprisonment is inevitable in light of the fact that the defendant committed the instant crime during the period of suspended execution due to the same kind of crime under Article 53 of the Criminal Act for discretionary mitigation (total seven cases, one of them, one of them, one of them, one of them, and two of them), particularly the fact that the defendant committed the instant crime during the period of suspended execution due to the same crime;

The period of imprisonment, along with the foregoing circumstances, shall be set by six months, which are the lowest limit after reducing the statutory penalty, in consideration of various circumstances that are conditions for sentencing, such as the fact that the defendant reflects, the fact that the blood alcohol is high, the driving distance is long, the circumstances leading to driving, and the mother's health is not good.