A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 13, 2008, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) at the wooden Branch of the Gwangju District Court on May 13, 2008. On September 24, 2009, the Defendant was sentenced to a summary order of 1.5 million won for the same crime in the same court, and on November 15, 2012, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime.

피고인은 2017. 5. 21. 04:05 경 광주 서구 쌍촌동 운 천저수지 부근에서 광주 서구 마륵동 상무대로 6 서창 사거리에 이르기까지 약 1km 구간에서 혈 중 알코올 농도 0.159% 의 술에 취한 상태로 B K7 승용차를 운전하였다.

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. 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) 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: The Defendant was punished three times due to drinking, and the Defendant again committed the instant crime without being aware of the suspension of the execution due to drinking driving in 2012, and the Defendant eventually caused 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.