A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On October 30, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law in the support of the Southern District Court of Gwangju, Gwangju, and was sentenced to a suspended sentence for six months on January 8, 2014 by the same court for a violation of road traffic law.

[2] On March 8, 2016, Defendant 1, who had been punished for drinking two or more times as above, driven B-wing and freight cars under the influence of alcohol concentration of about 0.126% in the section of approximately 5km to the national highways near the Geum-do National Highway, if the Defendant 1 was influence of the trade name in the southnam-gun, Namnam-do, and was influence of around 23:30 on March 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver driving, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on the driver driving, and the register of driver's licenses (A);

1. An explanatory note;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, such as a report on investigation (including both attachment of previous convictions and a copy of the judgment, judgment attached thereto, summary order, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a record of having been punished several times by drinking, driving without a license, and the Defendant committed the instant crime without being aware of the lapse of the period of suspension of execution after being sentenced to a suspended sentence for the same crime as the instant case.

It is inevitable to sentence sentence in that the defendant repeats the same crime without any particular awareness of the crime.

When determining a specific sentence, the defendant reflects on his or her gender, the age, environment, family relationship, and the circumstances in which he or she becomes a drinking driver.