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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 16, 2018, at around 00:48, the Defendant driven BM5 vehicle under the influence of alcohol level of 0.224% at around 3km from the rear door of the Macheon-dong, Seo-gu, Gwangju to the roads in front of the Gwangju Museum located in the Gwangju Northerndong, and at around 0.224% of alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant on the grounds of sentencing under Article 62-2 of the Criminal Act: (a) shall be punished by imprisonment with prison labor in a lump sum, taking into account the influence of drinking alcohol driving (a fine of 1.5 million won in 2015) and the alcohol level in the blood transfusion (0.224% in height).

In addition, in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age of the accused, sexual conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.