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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal history] The Defendant was sentenced to a fine of KRW 7 million on August 16, 201 to a charge of violating the Road Traffic Act (drinking) at the port support of the Daegu District Court on August 16, 201, and a fine of KRW 3 million on November 5, 2015 to a charge of violating the Road Traffic Act (drinking) at the port support of the Daegu District Court on November 5, 201.
[2] Although the Defendant had been punished twice or more as above, on April 5, 2016, at around 21:52, the Defendant driven a Bcoon truck with alcohol content of at least 0.198% while under the influence of alcohol content on the roads of the Yandong-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, an elementary school located in the jurisdiction of the head of the Gu/Si/Gun.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of the penalty (the fact that the person fails to appear even after being served with the written indictment and the record of crimes, etc.);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;