A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On January 4, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a crime of violation of the Road Traffic Act in the Gwangju District Court's branch of the Gwangju District Court's Maritime Court, and two years by a suspended sentence in December 6, 2012.

【Criminal Facts】

Although the Defendant had been punished for the crime of violating the Road Traffic Act more than twice, on August 8, 2016, the Defendant driven a Ebb-2 vehicle at the 12km section in front of the road in front of the parallel intersection of Pyeongtaek-gun, Chungcheongnam-do, in the Defendant’s residential area located in Jeonnam-gun D with the alcohol level of 0.093% under the influence of alcohol level around 16:20 on August 8, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reference reports (A), investigation reports (verification of details of dispositions in the previous case), and application of one copy of the judgment rendered in the Gwangju District Court Decision 2012Gau88 shall be applied;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a crime with a very high potential risk.

As stated in the first head of the criminal facts stated in the judgment, the Defendant repeated a drunk driving without any particular criminal awareness even though he/she was sentenced to a suspended sentence due to drinking driving and received a warning that he/she will not repeat the crime.

Pronouncement of sentence is inevitable.

However, in determining the specific sentence, consideration shall be given to the defendant's opposite nature, support for his family, etc. in favor of him, and other factors of sentencing revealed in the process of the trial of this case, such as the age, character and conduct, environment, circumstances leading to driving under the influence of alcohol, circumstances after the crime, etc., shall be comprehensively taken into account in determining the sentence as ordered.