A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 27, 2001, the defendant was sentenced to one year of imprisonment and two years of suspended execution for a violation of the Road Traffic Act in the Busan District Court's branch court, and on July 16, 2008, the defendant was sentenced to six months of suspended execution and one year of suspended execution for a violation of the Road Traffic Act at the Busan District Court's Busan District Court. On May 20, 2009, the defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act at the Busan District Court.

Although the Defendant had been punished twice or more as above, on July 14, 2014, at around 23:03, the Defendant driven BN-si car under the influence of alcohol concentration of approximately 0.126% from the section of approximately 1km from the front line of the main Do, which was replaced by a woman and trees located in Ulsan-gu, Ulsan-gu, Busan-do, Busan-do to the front line of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records and other inquiries, investigation reports, judgments, and copies of summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished several times for the same offense, which is the defendant, but again came to commit the instant crime. Considering that the Defendant’s penal power and the blood alcohol content content at the time of the instant case are relatively high to 0.126%, it is inevitable to punish the Defendant on the basis of the nature of the relevant offense.

In this context, the sentencing conditions, such as the background leading up to the instant crime, the family relationship and personality and conduct of the Defendant, shall be comprehensively considered, and the sentence like the order shall be determined.