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

Punishment of the crime

On October 10, 201, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act; on November 27, 2003, to a summary order of KRW 1,500,000 to a fine for the same crime; on June 22, 2004, to a suspended sentence of KRW 2 years for six months; on February 17, 2005, to a fine of KRW 3.5 million in the same court for the same crime; on June 10, 201, the Defendant was sentenced to a summary order of KRW 4 million to a fine of KRW 60,00 for the same crime; on September 28, 2011, the Defendant was sentenced to a summary order of KRW 60,000 from the Seoul East District Court to a fine of KRW 360,000 for a violation of the Road Traffic Act (a fine of KRW 608,361,61, Jun. 28, 2011).

Despite the fact that the Defendant had been punished twice or more due to drinking driving, on August 10, 2017, the Defendant driven a dgallon with D gallon in a state of alcohol concentration of about 0.5m from the C parking lot located in Gwangju City, Gwangju, about August 10, 2017 to the next 0.5m of the same parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the circumstances of the driver in charge and a report on the actual condition of the driver in charge;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the current status of personal confinement, and application of Acts and subordinate statutes concerning investigation reports (former and appended judgments);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Articles 53 and 55(1)3(3) of the Criminal Act for mitigation of quantity shows the attitude of the Defendant to confession and reflect the instant crime, and some of the circumstances leading up to the instant crime are considered.