A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On February 24, 2011, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on February 24, 201, and on August 30, 201, the Defendant was sentenced to a fine of KRW 3 million for the same crime, etc. at the same court around August 30, 201, and has violated Article 44(1) of the Road Traffic Act on at least two occasions.

In addition, on August 22, 2013, the defendant was sentenced to three years of imprisonment for larceny, etc. by the Gwangju High Court, and the execution of the sentence was terminated on October 2, 2015.

[2] On November 6, 2015, the Defendant driven B Poter truck from the entrance of the office at the Seo-gu office at Seo-gu, Gwangju, about 400m from about 400m to the intersection of wind rocks balk in Gwangju, while under the influence of alcohol level of 0.183% among blood transfusion around 22:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Previous convictions in judgment: Inquiry of criminal history, summary order, sentence, text of judgment, inquiry of summary information of case, application of Acts and subordinate statutes concerning personal identification/ acceptance status;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the fact that a person committed the instant crime without being aware of the fact that he/she had been punished by a fine on three occasions in 2009 and 201 due to driving of drinking for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment, and that he/she committed the instant crime without being aware of the fact that he/she was committed during the period of repeated offense, the sentence of imprisonment is inevitable.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime.