A defendant shall be punished by imprisonment for six 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

The Defendant was issued a summary order of KRW 1 million on June 13, 2013, and a fine of KRW 4 million on April 7, 2014, respectively, at the Gwangju District Court as a crime of violating the Road Traffic Act.

피고인은 2016. 12. 7. 14:32 경 혈 중 알콜 농도 0.082% 의 술에 취한 상태에서, 전 남 영암군 삼호 읍 삼호 중앙로 129 퀸스 빌 상가 ‘ 처갓집 양념 통닭’ 앞 도로에서부터 같은 읍 세 가래로 30 삼호 교회 앞 도로까지 C 화물차를 운전하였다.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though he/she violated the duty of prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of a driver driving a drinking, a notification of the results of crackdown on drinking driving, and an inquiry about the results of crackdown on drinking;

1. The point of previous convictions: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the summary order of the same type of crime);

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. In full view of the facts that there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no history of crime exceeding the fine, reflects the fact that annoying mother has a reason to take into account in the circumstances leading to driving in order to care of women in a hospital rapidly and rapidly, including blood alcohol concentration, Defendant’s age, sexual behavior, environment, criminal conduct, circumstances after the crime, etc., all the sentencing conditions shown in the arguments in the instant case shall be determined as above.