A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On August 22, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law in the Gwangju District Court's net support, etc., and was sentenced to a fine of five million won for the same crime at the Gwangju District Court on August 27, 2008.

[Criminal facts] On June 28, 2018, the Defendant driven a Flux (Tureg) car from approximately 400 meters away from the front side of the “Ch Office” to the front side of the “E” located in D in D, under the influence of alcohol level of 0.16% among the blood transfusion around 23:16.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on driving of alcohol (on June 28, 2018), and a statement of the circumstances of the driver under the influence of alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to the same kind of drinking driving force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Determination of the sentence identical to the order by comprehensively taking account of the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the Defendant’s age, sex, environment, motive and circumstance of each of the instant crimes, means and method, and circumstances after the commission of the crime, etc., and the conditions of sentencing as shown in the instant records and trial process.

The disadvantageous circumstances: The defendant's blood alcohol concentration is very high at the time of the crime of this case; the defendant has been punished four times, including refusal of alcohol measurement; and the defendant has been sentenced to a suspended sentence of imprisonment on two occasions (in particular, even on April 23, 2014, the defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of traffic laws (Refusal of alcohol measurement) by this court) but he was sentenced to a suspended sentence of imprisonment on two occasions, and he again again reaches the crime of this case: the normal circumstances favorable to him.