A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On January 16, 2008, the Defendant was sentenced to five years of imprisonment for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on January 16, 2008, and completed the execution of the sentence in the net prison on November 30, 2012.

【Criminal Facts】

On October 12, 2013, at around 23:03, the Defendant driven B Poter cargo vehicles under the influence of alcohol content of about 500 meters from the front of the same franchising park, which is located in the same Si/Gun/Gu, to the front road of the gold golf course located in the same Si/Gun/Gu.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A blood collection report from a drinking driver;

1. A written appraisal of blood alcohol;

1. A written report on the occupancy of a motor vehicle from the driver;

1. Previous records: Criminal records, etc.; inquiry reports; investigation reports (Attachment to a written judgment and the current status of personal identification); judgment; application of statutes on the current status of personal identification and confinement;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, despite the fact that the Defendant had been punished for the same kind of drinking driving several times, the Defendant committed the instant crime without being aware of it during the repeated offense period, and the nature of the crime is heavy.

It is so decided as per Disposition in consideration of this point.