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

Punishment of the crime

[criminal power] On May 20, 2009, the Defendant was sentenced to six months of imprisonment by the Gwangju District Court for a violation of the Road Traffic Act, etc., and on July 18, 2014, the same court was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act, etc.

【Criminal Facts】

On November 30, 2015, at around 16:30, the Defendant driven BM5 car under the influence of alcohol level of about 0.151% from the 1km section from the south elementary school located in Seo-gu, Seo-gu, Seo-gu, Gwangju to the 101-dong of the lender apartment in the Seo-gu, Seo-gu, Gwangju to the 101-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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. In particular, on July 18, 2014, the Gwangju District Court sentenced two years to a suspended sentence of imprisonment for a violation of the Road Traffic Act for the reason that the sentence was imposed under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation and sentence, and sentenced two years to a suspended sentence of imprisonment for a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 18, 2014, which became final and conclusive on July 26, 2014, and committed the instant crime without being aware of the period of suspended sentence.

Blood alcohol concentration is high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

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, etc. shall be considered as favorable circumstances.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).