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

[criminal history] On January 8, 2007, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and a fine of KRW 1.5 million for the same crime at the same court on February 15, 2016, respectively.

[Criminal facts] On May 1, 2018, the Defendant: (a) around 21:03, operated a vehicle B while under the influence of alcohol concentration of 0.071% in blood, from the parking lot in the Sungdong-dong to the road in front of the same Gu Seoungdong-dong, through cultural communication; (b) around 3 meters in approximately 0.0 meters; and (c) the Defendant was under the influence of alcohol concentration of 0.071% in blood.

As a result, the Defendant, who violated the provision prohibiting driving of alcohol at least twice (Article 44(1) of the Road Traffic Act), was driving a drinking again as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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. An order to attend a course of punishment shall be imposed by selecting an imprisonment with prison labor at the same time, taking into account the defendant's records of punishment for drinking alcohol for sentencing under Article 62-2

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.