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 February 19, 2014, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at a wooden branch of the Gwangju District Court, and on May 26, 2014, the above court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving).

On October 19, 2015, the Defendant: (a) around 22:40, the Defendant: (b) was revoked the driver’s license in a section of approximately 500 meters away from the road near the long fest road located in the road of the Dong-si, Mapopo City to the high-frequency road of about 26, Mapo-si; and (c) driven BM3 car while under the influence of alcohol content 0.128% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc. (A);

1. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, the community service order, and the order to attend lecture, has already been punished several times for the same crime. In particular, the Defendant again committed the instant crime before the lapse of one month, even though he was issued a summary order of a fine of KRW 1 million on September 25, 2015, due to the crime of violating the Road Traffic Act (driving without a license) committed on June 5, 2015. In addition, when examining the circumstances, the Defendant committed the instant crime without any particular crime, and there is a great need to prevent the Defendant from repeating the same crime.

It is an unfavorable circumstance to the defendant.

However, it appears that the defendant recognized all of the crimes of this case, and vice versa.