A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On January 7, 2008, the Defendant was sentenced to a fine of KRW 1.5 million and a fine of KRW 2.5 million by the same court on July 2, 2010 as a crime of violating the Road Traffic Act at the Gwangju District Court of Gwangju, the Defendant was sentenced to a summary order of KRW 2.5 million due to a violation of the Road Traffic Act. On February 7, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

[2] On November 2, 2016, the Defendant driven C Mysta car from the front of the ridge apartment apartment in the Seo-gu, Seo-gu, Gwangju to the blind-ro road located in the same town while under the influence of alcohol content of 0.076% in blood around November 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

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 sentence of a sentence is inevitable in light of the unfavorable circumstances, such as the crime committed in the instant case, even though there was a past record of being sentenced to a suspended sentence of two years in June 2013 due to drinking driving, as stated in the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment, in light of the fact that the instant crime was committed, etc.

However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident shall be considered as favorable circumstances.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).