A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 9, 2009, the Defendant was sentenced to a summary order of a fine of two million won due to a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 1, 2012, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with labor for a crime of violating the Road Traffic Act.

On September 7, 2018, the Defendant driven a Dsan Motor Vehicle at a approximately 500-meter radius from the front of the trade infungpdong located in Seo-gu, Seo-gu to the front road located in the same Gu B, while under the influence of alcohol content of 0.085% during blood transfusion around 22:17.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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, including the previous convictions of all judgment on drinking prior to the instant case, and committed the instant crime without being aware of the suspension of the execution of imprisonment with prison labor due to drinking driving, etc. in 2012;

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.