A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 14, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic laws at the Daejeon District Court, and on May 15, 2014, the Defendant was sentenced to a suspended sentence of 6 months and 2 years for a violation of road traffic laws at the same court.

[2] On March 12, 2017, around 19:11, the Defendant driven C Poter Cargo at approximately 0.087% of alcohol content in blood while under the influence of alcohol from around 179km to the road front of the 179km in the direction of Daejeon Highway from the Do in front of the Do-Sin-Sin-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act on two occasions, was driving a motor vehicle under the influence of alcohol in violation of this Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the Defendant, who led to the confession of the instant crime, and the prevention of recurrence, is against the Defendant.

However, in consideration of the fact that the Defendant had already been punished several times due to drinking driving, such as suspended sentence and fine, but again, the Defendant seems to lack awareness of the crime of drinking driving, such as committing the instant crime, and that the distance of drinking driving is considerably long, it is necessary to punish the Defendant corresponding thereto.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.