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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 26, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and was sentenced to six months imprisonment with labor for the same crime in the same court on December 12, 2013.
On March 29, 2018, while under the influence of alcohol 0.192% among blood transfusion, the Defendant driven a B-car from around 5 km to around 5 km away from the G-gu mine in Gwangju, G-gu, as it was from the front of a cafeteria in the vicinity of the apartment complex to the front of the G-gu funeral hall.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: References to inquiries, such as criminal history, summary order, and application of the text of the 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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;
B. Unfavorable conditions: The Defendant was punished six times including the previous conviction on driving under drinking prior to the instant case; the suspended sentence of imprisonment in 2003; the sentence of imprisonment in 2013; the Defendant again committed the instant crime without being aware of it; and the alcohol concentration in blood was very high.
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.