A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 22, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act at the Gwangju District Court on August 22, 2008, and was sentenced to a suspended sentence of six months for the same crime at the same court on January 31, 2012.

피고인은 2017. 2. 26. 11:35 경 광주 북구 문흥동에 있는 ‘ 샛 터 코아’ 앞 도로에서부터 같은 구 송 월로 20번 길 61에 있는 ‘ 드림 유통’ 앞 도로까지 약 400m 구간에서 혈 중 알콜 농도 0.123% 술에 취한 상태에서 B K5 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant was already punished four times due to drinking driving, and the suspended sentence was issued for the year 2012, but again committed the instant crime; the Defendant’s blood alcohol concentration was high at the time of the instant crime; and the occurrence of contact with the victim actually occurred;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.