A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 30, 2008, the defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on April 15, 2009, the defendant was sentenced to imprisonment for 6 months and suspended execution for a crime of violating the Road Traffic Act at the Gwangju District Court.

On December 30, 2016, the Defendant driven B Poter truck at approximately 4km from the 4km section of Gwangju Mine to the entrance of the complete school located in the Docheon-dong, Docheon-dong, Namsung-gun, Yongsung-gun, Yong-gun, and the 0.231% alcohol concentration in the blood of around 20:15.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, summary order, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 conditions: (a) the Defendant was punished four times due to drinking driving; (b) was sentenced to a suspended sentence in 2009; (c) again committed the instant crime even if he was sentenced to a suspended sentence in 2009; (d) the Defendant’s blood alcohol concentration was extremely high at the time of the instant crime; and (e) a traffic accident was actually occurred; and (c) the Defendant was sentenced to imprisonment with prison labor for six months and two years due to interference with official duties at the Gwangju District Court on June 19, 2014; and (d) again committed the instant crime again within six months after the end of the suspended sentence

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, circumstances before and after the instant crime, and other factors of sentencing as stipulated in Article 51 of the Criminal Act, were considered.