A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On February 23, 2012, the Defendant: (a) at the Gwangju District Court rendered a summary order of a fine of seven million won for a crime of violation of the Road Traffic Act; (b) at the same court on May 24, 2012, the Defendant was sentenced to imprisonment for four months with prison labor for a crime of violation of the Road Traffic Act; and (c) on October 10, 2012, the same court sentenced the Defendant to imprisonment for eight months for a crime of violation of the Road Traffic Act; and (d) on July 30, 2013, the Defendant was released from imprisonment with prison on July 30, 2013 while the sentence was executed, and the remaining term of imprisonment was terminated on September 10, 2013.

On August 2, 2015, at around 23:12, the Defendant driven a B-car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.162% from the front of the restaurant where the trade name in the C-dong of Gwangju Mine cannot be known to the roads in the same way as the Samsung Electronic Road located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previouss before ruling: Application of criminal history records, investigation reports, and Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished five times due to drunk driving. The instant crime was committed during the period of a repeated crime of drunk driving as stated in the first head of the judgment, and the Defendant’s blood alcohol concentration is also high and thus, it is inevitable to sentence the Defendant.

However, given that there are favorable circumstances such as the Defendant’s wife and her husband’s wife to support the Defendant, and that the Defendant has to refrain from driving under the influence of alcohol again, it is considered to take this into account, and all of the sentencing conditions specified in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, etc., shall be comprehensively considered.