A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On January 30, 2008, the Defendant received a summary order of KRW 2.5 million as a crime of violating road traffic law (drinking driving), a summary order of KRW 2.5 million in the same court on November 28, 2008 due to a violation of road traffic law (drinking driving), and a summary order of KRW 3 million in the same court on March 25, 2009 due to a violation of road traffic law (drinking driving), respectively.

[2] On August 17, 2017, the Defendant driven a Cub car from approximately 5 meters away from the 16th month beginning in the beginning of Gwangju City to the front road located in B, while under the influence of alcohol level of 0.128% during blood transfusion around August 17, 2017.

Accordingly, the Defendant once driven a motor vehicle under the influence of alcohol again as a person who has violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the State, investigation report (application of the aforementioned dmark formula), and inquiry of the results of crackdown on drinking driving (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment provided for in Article 51 of the Criminal Act, such as the defendant's confession, the fact that the defendant's confessions, the considerable period of time has elapsed from the detection of last drinking driving, the circumstances leading to the detection of drinking driving, etc., shall be mitigated by taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.