A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On October 11, 2012, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

1. On July 27, 2016, the Defendant driven a e-mail vehicle under the influence of alcohol content of about 0.067% at the section of about 40km from the Defendant’s house located in Gwangju Northern-gu to the e-mail of the e-mail, from around 08:17 to the e-mail of the e-mail, from the Defendant’s house located in Gwangju Northern-gu, to the e-mail of the e-mail.

2. On July 29, 2016, the Defendant driven a e-mail vehicle under the influence of alcohol content of about 0.112% at the section of approximately 200 meters from the road front of the "Posidong," located in the Yangsan-dong, Gwangju, Yangyang-dong, to the second apartment after the apartment of the same new apartment.

Accordingly, the Defendant, while under the influence of alcohol not less than twice, driven a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, repeated statements and investigation reports (Attachment of copies of summary order);

1. Relevant legal provisions concerning facts constituting a crime, Articles 148-2 (2) 3, 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on July 27, 2016), Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on July 29, 2016), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the repetition of drunk driving by the defendant within a short period of time, the defendant was punished once for drunk driving in around 2012, driving distance, blood alcohol concentration, the defendant's age, character and conduct, environment, health conditions, the circumstances of the crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the circumstances after the crime.