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

[criminal history] On November 9, 2009, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on November 9, 2009, and was issued a summary order of a fine of two million won for the same crime in the same court on November 19, 2014.

[2] On October 12, 2017, the Defendant driven a B rocketing car at approximately 1.5 km from the front side of the “Annish-holy skin, etc. principal body,” under the influence of alcohol level of 0.159% during blood transfusion at around 22:19, to the same Simsan-dong 206 parking lot.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reports on the detection of drivers of alcoholic beverages, reports on the circumstances of drivers of alcoholic beverages, and written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 lecture or to order community service order under Article 62-2 of the Criminal Act, taking full account of the following circumstances: (a) the Defendant’s records of the same punishment for sentencing; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., and the sentencing indicated in the records and arguments