A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 1, 2015, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong Site as well as a summary order of KRW 5 million as a fine for the same crime in the same court on August 6, 2015, respectively.

Although the Defendant had had had a alcohol driving twice as above, on August 21, 2015, the Defendant driven BNEW franchise XG vehicles with approximately 500 meters alcohol concentration 0.11% under the influence of alcohol from the public parking lot in the dispatching coal station in Pyeongtaek-dong where the driving license was suspended on August 21, 2015 to the Gyeongjin-si (252-47).

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Investigation report by the police (report on the situation of running a motor vehicle at home);

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

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, each disposition and the results of confirmation, and application of each summary order Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;