A defendant shall be punished by imprisonment for six 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 May 14, 2007, the Defendant was issued a summary order of 700,000 won by a fine for violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on January 7, 2008, issued a summary order of 1.5 million won by a fine at the Gwangju District Court as a violation of the Road Traffic Act (dacting driving).

On August 2, 2017, the Defendant, while under the influence of alcohol content of 0.095% during blood transfusion on August 23:2, 2017, driven a BWz car at approximately 2m in the front of the modern sea route located in Gwangju-gu, Seo-gu.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act, drives a motor vehicle under the influence of alcohol in violation of it.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. 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. 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 conditions: The Defendant recommits the instant crime even though he/she was punished twice due to driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.