A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On May 21, 2009, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for a crime of violation of the Road Traffic Act, etc., and for four months at the same court on October 6, 201 and eight months at the same court on March 7, 2013, respectively.

【Criminal Facts】

On November 26, 2018, at around 22:50, the Defendant driven D Kazamba while under the influence of alcohol concentration of about 0.063% from around 2km to the front road in Nam-gu, Nam-gu, Gwangju, Seo-gu.

Ultimately, the Defendant driven two times or more in a drunken state and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiries, such as criminal records, investigation report [including confirmation of the same kind of criminal records, etc. of a suspect (including attached documents of judgment and summary order] statute

1. The defendant has been punished eight times after 2003 or more due to drinking driving, etc., including the criminal records in the pertinent Article of the criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act of the choice of the punishment, and the criminal records in the judgment of the reasons for sentencing the sentence of imprisonment, and two times or more of the punishment has been sentenced during the period.

Nevertheless, the Defendant was driving a motor vehicle without any reflector while drinking, and the crime of this case is not good, and it is difficult to view that the Defendant’s risk of recidivism is low.

Although blood alcohol concentration is not high, the sentence of imprisonment is necessary due to punishment corresponding to the defendant's act even if the defendant and his/her defense counsel consider favorable circumstances, such as recognizing his/her mistake, etc.

In the above circumstances, the circumstances leading up to driving under the influence of alcohol, the distance and place of driving under the influence of alcohol, and the last punishment force.