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

On June 7, 2012, the Defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on July 4, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act.

On February 28, 2017, while under the influence of alcohol content 0.074% during blood transfusion, the Defendant driven CA car from around about 30 meters from the day before a mutual influent restaurant in the Seo-gu, Seo-gu, Gwangju to the modern maritime front road located in the same Dong from around 0.074%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Inquiries into the driver's license ledger;

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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. Although there was a record of two times of punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the liability for the crime of this case is not easy in light of the fact that the act of driving drinking alcohol in this case was committed.

However, considering favorable circumstances, such as the fact that the defendant reflects the crime, the blood alcohol concentration in the blood is relatively low, and the driving distance is short, and taking into account all the sentencing conditions of the defendant in the pleadings of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.