On November 27, 2008, the Defendant was sentenced to a suspended sentence for four months by imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court on November 27, 2008, and on December 9, 2010, the Defendant was sentenced to four months by the above court for the same crime, etc. and completed the execution of the sentence at the Gwangju Prison on April 7, 201.

Criminal facts

피고인은 2013. 04. 26. 22:26경 광주 서구 마륵동 184-4 이한종합건설 사무실 앞 도로에서부터 서구 유촌동 상무교 앞 도로에 이르기까지 약 2km가량을 혈중알코올농도 0.086%의 술에 취한 상태로 C 포터 화물 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records before and after judgments: Application of criminal records and investigation reports (verification of criminal records A and repeated crimes committed by a defendant and confirmation of the completion date of punishment);

1. Relevant 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 among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the reason for sentencing is not good in the Defendant’s business failure and the economic situation is not good, and his father and mother are supported under the divorce, etc., the Defendant is deemed to have been sentenced to suspended execution and punishment due to the violation of the Road Traffic Act, etc. as stated in the above criminal facts. However, in light of the fact that the Defendant committed the instant crime repeatedly without being aware of during the period of repeated offense, it is deemed inevitable to sentence the Defendant, and the sentence to be mitigated considering the favorable sentencing factors for the Defendant as mentioned earlier.