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 July 14, 2009, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court on July 14, 2009, and on April 30, 2013, the Defendant issued a summary order of a fine of three million won for the same crime in the same court.

On May 14, 2018, the Defendant driven a Boper car under the influence of alcohol with approximately 0.157% alcohol concentration from approximately 300 meters to the front road of the foreign exchange bank, from the Etha city Ethm apartment parking lot located in the upstream-dong of Simpo-si on May 14, 2018.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home and the situation of the driver at home;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes on investigation reports (the confirmation of criminal records of the suspect in the past);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that drinking value is high, circumstances favorable to the fact that there is a history of punishment for the same kind of crime: The decision of a sentence that has no record of exceeding a fine: the above circumstances and the defendant’s age, sex, career, home environment, motive and means of crime, and circumstances that are the conditions for sentencing specified in the arguments of this case, shall be determined as per the disposition, taking into account all the circumstances, such as the above circumstances and the defendant’s age, sex, career, home environment, motive and means of crime, etc.