A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 18, 2010, the defendant was sentenced to four months by the Gwangju District Court for the violation of the Road Traffic Act (Refusal of measurement of drinking level) and the violation of the Road Traffic Act (Non-licensed Driving), and the judgment became final and conclusive on August 16, 2010, and the parole period was expired on May 9, 201, and the parole period was expired on June 15, 201.

On November 11, 2013, around 11:40, the Defendant driven a D Leke-do car under the influence of alcohol leveling 0.215% in approximately 2km section from the Defendant’s house located in Naju City, to the front road of the prime audience in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

1. Report on the circumstances of the driving of a motor vehicle;

1. Evidence photographs;

1. Previous records: Application of criminal records, etc. and investigation reports (verification of the same kind of power and repeated period), and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is able to be sentenced to the previous sentence; the defendant was sentenced to a suspended sentence due to a drunk driving; the defendant was again sentenced to a suspended sentence due to a drunk driving during the suspended period while driving again while driving under the influence of alcohol again while driving under the suspended sentence; the drinking level of the defendant was very high to 0.215% during the repeated period; thus, the defendant cannot be held seriously responsible for the behavior of violation of the law, which is habitually, and thus, the sentence is inevitable: Provided, That when determining the specific punishment, the sentence is determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, character and behavior