A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[2] On November 28, 2013, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (unlicensed driving) at the Gwangju District Court on December 6, 2013, and the judgment became final and conclusive on December 6, 2013. On May 19, 2015, the Defendant was sentenced to imprisonment for 4 months for a violation of the Road Traffic Act (unlicensed driving) at the Gwangju District Court on August 18, 2015, and the said suspended sentence became final and conclusive on August 18, 2015, and was released on December 24, 2015 during the execution of the sentence, and the parole period expired on January 17, 2016. A person who was issued a summary order of 4 million won by the Gwangju District Court on August 16, 2012 to a fine of 300,000 won for a violation of the Road Traffic Act (driving order) and confirmed on September 28, 2019, 201203

[Criminal facts] On March 30, 2018, the Defendant driven C salary solid freight vehicles from the front side of the post office located in the Masan-dong mine in the Gwangju Mine-gu to the lower end of the Hasung-dong Sindong, Gwangju Mine-dong, under the influence of alcohol level of 0.085% among blood transfusion around 22:25 on March 30, 2018.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act, drives a motor vehicle under the influence of alcohol in violation of it.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in the judgment: Application of criminal history inquiries, confirmation of previous convictions in the disposition, and investigation reports [including the attached judgment, acceptance status, and summary order] Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The defendant's records of punishing the defendant for the reason of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act, and the second drinking according to the driving of alcohol.