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

Punishment of the crime

On August 17, 2007, the Defendant was sentenced to a suspended sentence of five months for a violation of the Road Traffic Act at the Gwangju District Court on May 2007. On March 3, 2008, the Defendant was sentenced to a summary order of three million won for the same crime, etc. at the same court on March 3, 2008. On April 8, 2013, the Defendant was sentenced to a summary order of five million won for the same crime at the Changwon District Court on April 8, 2013. On May 21, 2015, the Defendant was sentenced to a suspended sentence of ten months for imprisonment with labor for the same crime, etc. at the Gwangju District Court on May 21, 2015, and the said judgment became final and conclusive on November 2, 2015.

On November 25, 2016, the Defendant driven a Kani-ray vehicle from the water station in Gwangju Mine Police Station to the water completion energy front in the same Dong-dong while under the influence of alcohol level of 0.098% among blood transfusions around 23:40 on November 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

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 Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity was already punished seven times from 2005 to 2015 by the Defendant, including a suspended sentence of imprisonment for a period of two times from 2005 to 2015, and the Defendant repeated the driving of drinking even during the suspension period of the execution due to driving under the influence of alcohol, and it is inevitable to sentence the Defendant as a sentence.

However, given that there are two minor children to be supported by the defendant, confessions of his crime, and repents, it shall be taken into account, and all of the sentencing conditions specified in the arguments of this case, such as the age, sex, environment, health conditions, circumstances after the crime, etc., shall be determined as ordered by considering all the sentencing conditions specified in the arguments of this case.