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 October 8, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on July 17, 2015.

[2] On July 10, 2017, the Defendant: (a) driven a b00-meter radius from the front-down road of the Korean ancient city to the front-down road of the same route, which is located in the Republic of Korea, Samsi-dong, Samsi-dong, Samsi-si, Samsi-si, Seoul; and (b) was under the influence of alcohol level of 0.133% while under the influence of alcohol level of 0.133%.

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 convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is high, and the defendant has been punished twice due to driving of alcohol, but it is not good to repeatedly commit the crime of this case even though he/she had been punished twice.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.