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 June 9, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on June 9, 2008, and a fine of KRW 1 million as a same crime in the same court on September 5, 2013.

On May 2, 2018, the Defendant driven, at around 21:35, B, 221 p.m., at the net speed of 21:0 p.m., a passenger car with the blood alcohol level of at least 0.135% at approximately 1km from the funeral facility at the hospital to the entrance of the same time-f.m. so far as he/she is under influence of alcohol level.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, has no criminal record of imprisonment without prison labor or heavier punishment; (b) the Defendant’s age, sex, family relationship, environment, circumstances and result of the crime; and (c) the circumstances after the crime, etc.