A defendant shall be punished by imprisonment for seven 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

On February 3, 2016, the Defendant issued a summary order of KRW 1,500,000 to a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on February 3, 2016, and a summary order of KRW 2 million to a fine at the Gwangju District Court on December 23, 2016.

On June 10, 2017, the Defendant, while under the influence of alcohol 0.125% during blood transfusion, driven a B rocketing car at the section of about 1km from the road near the high-tech 181 road in the vicinity of the Gwangju Mine-gu, Gwangju, to the road near the high-tech 170 road located in the same Gu high-tech 170.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime without being aware of the fact that he/she was punished twice due to drinking driving in 2016, as seen in all the facts constituting the crime in the judgment.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.