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

Punishment of the crime

[criminal history] On August 27, 2014, the Defendant was sentenced to a suspended sentence of two months by imprisonment with labor for a crime of violating the Road Traffic Act at the Gwangju District Court for a period of ten months, and two years by the same court on March 3, 2011 for a crime of violating the Road Traffic Act.

[Criminal facts] On December 23, 2017, the Defendant driven a E-car under the influence of alcohol of about 2km from around 07:06 to about 0.160% of alcohol level in blood alcohol level on the front side of the Yancheon-gu, Seo-gu, Gwangju to the street of the apartment of the Yancheon-gun apartment located in the same Gu-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. In addition to the records of the crime indicated in the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant has already been punished two times by a fine due to drinking alcohol, and the Defendant has already been punished several times for the same crime.

As stated in the record of the crime, the defendant has already been placed in the place of two times or more or more suspended execution and has been driving in the state of drinking while drinking. The nature of the crime is not good, and the risk of recidivism is very high.

Even when considering the favorable circumstances asserted by the defendant and defense counsel, the sentence of imprisonment to the defendant is inevitable.

The punishment as ordered shall be determined in light of the foregoing circumstances, such as the degree of alcohol alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the defendant's age, sex, environment, and the circumstances after the crime.