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

Punishment of the crime

On October 2, 2007, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on September 16, 2009, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Gwangju District Court.

On May 12, 2017, around 00:32, the Defendant driven Dworka car under the influence of alcohol content of about 0.171% from the 3.5km section of blood alcohol to the 501st road in the vicinity of the 1-dong community service center in the high-tech 1 Dong in Gwangju Mine-gu, Gwangju, to 198, in a non-fluencing line with the natural content of about 501.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. Investigation report (the application of the above dmark);

1. Investigative report (Calculation of driving distance);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 on the ground of drinking driving in 2005, 2007, and 2009, and the Defendant was sentenced to the punishment in 2012, and again committed the instant crime without being aware of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Road Traffic Act (or the measures not taken after an accident) in 2012, and the Defendant brought about a traffic accident after driving under the influence of alcohol.

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.