A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 17, 2014, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Gwangju District Court, etc. On October 15, 2012, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on April 30, 2012, a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court.

In addition, on June 3, 2016, the Defendant was sentenced to the suspension of the execution of official duties in the Gwangju District Court for six months, and the said judgment became final and conclusive on May 19, 2017.

On March 16, 2017, at around 23:05, the Defendant driven a c-wing truck with alcohol content of 0.146% while under the influence of alcohol from around the main station of a bridge located in the Dogdong-dong-gu, Gwangju to the road located in the Dong-gu, Gwangju to the night-ro, Dong-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions: References to inquiries, such as criminal history, text of judgment and summary order, investigation reports (report attached to indictments), indictments, and application of statutes of the Supreme Court regarding search results of cases;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) Conditions favorable to the defendant: The fact that the defendant recognizes the crime of this case and reflects his mistake, and the fact that the crime of this case is subject to the equality in the case of judgment along with the obstruction of the execution of official duties for which judgment becomes final and conclusive

B. Unfavorable conditions: The Defendant was already punished on six occasions due to driving under drinking, was sentenced to suspended sentence due to drinking driving in 2014, and the Defendant again committed the instant crime without being able to do so, and the instant crime was committed.