The punishment of the accused shall be determined by six months of imprisonment.

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

Punishment of the crime

[criminal history] On September 11, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court. On May 21, 2012, the Defendant received a summary order of KRW 2 million for the same crime in the same court.

[2] On July 1, 2017, around 22:40, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 0.149% from the front of the advanced general hospital emergency room located in 59 a.m. 170 p.m. at the center of Gwangju Mine-gu to the front of the child hospital, while at least 784m. from the front of the same Gu, the Defendant was under the influence of alcohol concentration of about 400m to the front of the child hospital.

Accordingly, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same record as the suspect), copy of summary order, and other Acts and subordinate 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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated despite the fact that he/she has been punished three times due to drinking driving.

Any accident caused by drinking driving.