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

Punishment of the crime

On January 10, 201, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on June 10, 201, by the Daejeon District Court issued a summary order of KRW 6 million with a fine of KRW 1 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing on death and injury caused by danger) and a violation of the Road Traffic Act (drawing on drinking), and on September 12, 2013 with the Young-gu District Court’s support, the Defendant completed the execution of the sentence by the Daejeon District Court on February 1, 2015.

Nevertheless, the Defendant was under the influence of alcohol content of 0.081% in blood around March 26, 2017, and was driving C cargo in the section of about 55 km-ro 32-13, Seo-gu, Daejeon, Seodong-dong, Daejeon, from the road located in the Yellow-gun, Chungcheongnam-do to the 32-13rd road.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions indicated in the judgment: (A) a written reply to inquiry, such as criminal history, attachment of a summary order, reporting on the previous convictions subject to disposition, reporting on the personal confinements, the application of the statutes of the Cheongju District Court Decision 2013 Go-dong Branch Court Decision 124 and 134, and the application of the statutes of the Cheongju District Court Decision 2013

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 53 of the Criminal Act for mitigation of quantity is very high that the defendant was punished for a crime of different types and the same crime (the actual punishment, suspension of execution, and fines). The defendant committed the crime of this case without being aware of the period of repeated crime due to the crime of violation of the Traffic Act (the refusal of measurement of drinking), which became final and conclusive, and the defendant committed the crime of this case without being aware of the period of repeated crime. The defendant has a habit of driving alcohol.