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

Punishment of the crime

On August 29, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (drinking driving), and a summary order of 2 million won for the same crime at the Seoul Northern District Court on June 14, 2010, respectively. On May 14, 2015, the Defendant was sentenced to imprisonment for 6 months at the Gwangju District Court on May 11, 2015 and completed the execution of the sentence at the Gwangju District Court on November 11, 2015.

On February 2, 2018, while under the influence of alcohol content 0.109% in blood around 23:30, the Defendant driven a C Car in the section of approximately 200 meters from the front day of a non-place restaurant near the National Bank of Korea to the front day of a sub-place of the same Gu, as Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

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: Application of a reply to inquiry, such as criminal history, report on investigation, and criminal investigation report-related Acts and subordinate statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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 six times, including his previous convictions that he had judged as driving under drinking prior to the instant case; was sentenced to imprisonment in 2000 and 2015; was currently serving as a repeated offender; however, the Defendant again committed the instant crime without being able to do so.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.