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

Punishment of the crime

[criminal history] On October 20, 2014, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court of Gwangju on April 22, 2015, a fine of KRW 4.5 million for a crime of violating the Road Traffic Act in the same court on April 22, 2015, respectively. On January 14, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act (drinking) by the same court on January 14, 2016. The judgment became final and conclusive on the 22th of the same month.

[2] On October 15, 2017, under the influence of alcohol level of 0.109% among the blood transfusion around 01:30 on October 15, 2017, the Defendant driven a DM7 car at the section of approximately 1km from the distance of Sejong-gu, Seo-gu, Gwangju-gu, to the parking lot for the same Geumho-dong Digital Samsung F& D.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A) and report on investigation (including reports on the same criminal record and confirmation (including judgments attached thereto) to 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are the circumstances favorable to the defendant, such as the following: (a) the defendant repented his or her wrong mistake and reflected his or her fault and sold his or her vehicle; and (b) the defendant has a child who has to provide support.

However, in light of the fact that the Defendant had been punished three times during the last five years or for drinking driving, etc., one time of the judgment of suspension of execution is a judgment of suspension of execution, and that the instant crime was committed during the period of suspension of execution to be particularly among persons, and that the instant crime is not good for the nature of the crime, and that the Defendant’s risk of recidivism is high, the above favorable circumstances should be considered.