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

Punishment of the crime

On October 22, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Gwangju District Court of Gwangju on October 22, 201, to a suspended sentence of ten months due to a violation of the Road Traffic Act (drinking driving), at the Jeonju District Court of Jeonju on October 27, 201, and on August 12, 2014, to a suspended sentence of seven months.

On September 28, 2016, at around 00:20, the Defendant driven a CNp-si car in the state of alcohol alcohol concentration of about 0.201% from the 3km section of blood alcohol at approximately 3 km to the 24-km road in front of the Gwangju Mine-gu, as it is from the front day of the cafeteria Hanma City cafeteria, located in the Seo-gu Standing District of Gwangju, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, and a report on the detection of the driver driving;

1. Written response to a request for appraisal;

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the Defendant had the ability to drive four times of alcohol, and the two times of which are the same as the suspended execution (the previous previous conviction was sentenced to two years of a suspended execution of imprisonment for seven months due to driving under drinking on August 2014). In addition, in light of the fact that the Defendant committed the instant crime of drinking under the influence of alcohol, and that the amount of alcohol concentration in blood is very high, it is not good that the crime is committed.

However, taking into account the reflection, the fact that there was no past conviction, etc., the punishment shall be determined as ordered, taking into account all factors of sentencing as shown in the arguments in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.