A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 4, 2008, the Defendant was sentenced to a suspended sentence of 4 months for the crimes of violation of the Road Traffic Act by the Gwangju District Court. On May 18, 201, the Defendant was issued a summary order of 1.5 million won by the Gwangju District Court for the crimes of violation of the Road Traffic Act.

On August 25, 2013, at around 16:01, the Defendant driven an above cargo vehicle at a section of about 10 kilometers from the south-gu Seoul metropolitan Nowon-gu to the end point of bus stop, while under the influence of alcohol of 0.088% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of the Act and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached reporting, such as summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was sentenced to a suspended sentence of one year and six months in the Gwangju District Court on January 11, 2013 due to a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) and committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of three years and three years in the period of the suspended sentence. In addition to the previous conviction in the judgment, the Defendant also committed the instant crime without being aware of the fact that he/she was sentenced to a fine for refusing to measure alcohol in 2008.

However, in consideration of the fact that the blood alcohol concentration of this case is not high, the punishment shall be reduced once and determined as per the order.