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

[criminal history] On July 8, 2015, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the Gwangju District Court, and a summary order of KRW 1.5 million for the same crime at the same court on April 8, 2015, respectively.

[Criminal facts] around 04:40 on August 24, 2018, the Defendant driven BM7 automobiles under the influence of alcohol concentration of 0.094% in alcohol during blood, from the roads front of the Gambro-dong Home Pluscison Do-dong, Gwangju to the roads front of the Gambro-gu, Seoul to the roads front of the 235 Gwangju Station, etc.

As a result, the Defendant, who violated the provision prohibiting driving of alcohol at least twice (Article 44(1) of the Road Traffic Act), was driving a drinking again as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Sovereign photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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. An order to attend a course of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into consideration the defendant's records of driving alcohol (total three times after 204) and other factors, shall be imposed;

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.