The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 22, 2007, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court, and a fine of KRW 4 million as a crime of violating the Road Traffic Act at the same court on April 24, 2015.

On May 24, 2017, the Defendant driven a B-learning car under the influence of alcohol content of about 0.189% from around 600 meters to around 826 meters from the front of the restaurant of “advanced pigs” located in Gwangju Mine-gu, Gwangju, to the road front of the Hano Samsung Samsung F&M in 832, as the Defendant was under the influence of alcohol content of 0.189%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated even though he/she had been punished twice due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.