A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

[criminal history] On May 23, 2013, the Defendant issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court on May 23, 2013, and a fine of KRW 2 million to a crime of violation of the Road Traffic Act at the same court on June 18, 2010, respectively.

[2] On August 8, 2017, around 10:10, the Defendant driven a C-car under the influence of alcohol leveling 0.202% from the 2km section of approximately 2km to the 624th road in the Seo-gu, Seo-gu, Gwangju, Seo-gu.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on drinking;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on filing of a summary order for drinking driving), and statutes;

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. A person shall be sentenced to imprisonment with prison labor in a lump sum on the grounds of sentencing under Article 62(1) of the Criminal Act, taking into account the defendant's records of driving alcohol (including the records of the crime as indicated in the judgment, and three times after 2009).

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.