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

Punishment of the crime

On May 30, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court. On November 19, 2015, the Defendant was sentenced to a suspended sentence of KRW 1 million for the same crime in the same court.

On March 16, 2019, at around 22:30, the Defendant driven a car in Ecohn with approximately 1.5km alcohol concentration of about 0.129% in the section of approximately 1.5km from the roads prior to Gwangju Northern District to the roads prior to the “D” located in Gwangju Northern-gu C.

As a result, the defendant violated the prohibition of drinking driving twice and drives a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Previous convictions in judgment: Inquiries, written judgments, application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”) of the Criminal Act is as follows: (a) not only the criminal record of drunk driving but also the criminal record of a drunk driving or a non-exclusive driving for six times, as seen in the criminal records of the judgment.

Nevertheless, it is inevitable to sentence a sentence in that the defendant's driving under the influence of alcohol caused a traffic accident in which the signals, etc. are eventually caused, and that the blood alcohol concentration level at the time is relatively high.

In addition, the punishment as ordered shall be determined in consideration of the motive of drinking driving, the place and distance of drinking, the blood alcohol concentration, the circumstances after committing the crime, the defendant's age, character and conduct, the environment, etc., as well as the remaining circumstances which are the conditions of sentencing.