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

Punishment of the crime

On August 6, 2007, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act in the Gwangju District Court on August 6, 2007, and a fine of three million won for the same crime in the same court on August 27, 2010, respectively. On November 26, 2012, the Defendant was sentenced to six months of imprisonment for the same crime in the same court on September 25, 2013 and completed the execution of the sentence in the Gwangju Prison on September 25, 2013.

On September 4, 2015, the Defendant, while under the influence of alcohol at 0.104% of alcohol level, driven Cho XG car from around approximately 1.5 km to the middle apartment in the same Gu from the front of a non-cafeteria in the new Dong-dong of Gwangju Mine-gu to the middle apartment in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes on criminal records, references to criminal records, investigation reports (Attachment to the same-class judgment attached to the same type of power), and personal identification and confinement status;

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 is that the Defendant had already been punished five times due to drunk driving, re-offending during the period of repeated crime due to drunk driving, and the degree of blood alcohol level is low, and thus, the Defendant’s sentence is inevitable.

However, given that there are favorable circumstances, such as the fact that the Defendant should support the mother suffering from pinson's disease, traffic accidents have not occurred due to the drinking operation of this case, and the Defendant's scrapping of the vehicle and the fact that the Defendant does not drive under the influence of alcohol again while driving the vehicle, this is considered. In addition, the Defendant's age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all of the sentencing conditions shown in the arguments of this case shall be determined as per the disposition.