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 this judgment becomes final and conclusive.

Punishment of the crime

On June 8, 2007, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's net support on June 8, 2007, and a fine of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's net support on August 4, 2008

On April 30, 2018, the Defendant driven B low-water car in the state of alcohol concentration of about 0.148% in the direction of about 30 meters from the parking lot for the relevant university, which was located at 331,000 p.m. at the Yacheon-si, the Sigdore Hospital located at 331,000 p.m. to the front of the Sigdore 22-h.m. in order to ensure that the Defendant was under the influence of alcohol concentration of about 0.148% in the blood.

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. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), 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. The main sentence of Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., a punishment to prevent recidivism shall be determined by taking into consideration the following circumstances: (a) the Defendant’s previous convictions of drinking alcohol twice, previous convictions of refusing to measure drinking, reflects the Defendant’s wrongness; (b) favorable circumstances, including the short driving distance; (c) the Defendant’s age, family environment; (d) the interval between the Defendant’s previous convictions of drinking alcohol and the instant crime; (e) the Defendant’s blood alcohol level at the time of the crime; and (e) the circumstances after the crime