A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On September 17, 2010, the Defendant was issued a summary order of a fine of four million won by committing a violation of the Road Traffic Act at the Gwangju District Court, and on January 8, 2009, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court.

On March 24, 2018, around 18:50, the Defendant driven an E-wing truck while under the influence of alcohol content of about 0.092% from the 10k section of alcohol during blood to the front road in Naju City, from the front road in Naju City.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 condition: The Defendant was punished four times by drinking alcohol driving including the previous conviction in the previous ruling; the Defendant was sentenced to a summary order of a fine of two million won due to an occupational injury or injury committed while driving alcohol in 2004; in 2009, the Defendant again committed the instant crime without being aware of the suspension of the execution of imprisonment due to an injury or injury resulting from an occupational negligence committed while driving alcohol and escape after having been sentenced to a suspended sentence of imprisonment due to a crime committed while driving alcohol; and the alcohol concentration in blood was high; and the instant case also causes a traffic accident while driving alcohol.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.