A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 14, 2013, the Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Gwangju District Court on August 14, 2013, and was sentenced to a fine of seven million won for the same crime at the same court on July 2, 2015.

On May 6, 2018, while under the influence of alcohol content of 0.171% during blood transfusions around 07:20, the Defendant driven a car at CPoteme in the section of approximately 1 km away from the front of the Kurum bus film board located in the Yasan-dong of Gwangju Mine-gu to the front of the entrance of the water 1km underground vehicular road at the direction of approximately 328, as the Defendant was boomed.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident scene;

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

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

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The defendant's blood alcohol concentration was very high; the defendant again commits the instant crime even though he/she was punished three times due to driving under drinking, including his/her previous conviction, and ultimately causes a traffic accident while driving under drinking;

(b) favorable conditions: The fact that the defendant recognizes a crime of drinking alcohol and reflects his/her mistake and has no record of punishment exceeding the fine, etc.;

C. The Defendant’s age, sex, environment, background leading up to the Defendant’s instant crime, means and consequence, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.

Parts of innocence

1. Facts charged - The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) shall drive a CPoter car around 07:20 on May 6, 2018 in Gwangju Mine-gu.