A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On December 9, 2008, the Defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court. On July 2, 2009, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act at the Gwangju District Court, and was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act at the Gwangju District Court on April 14, 201.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 13, 2015, the Defendant driven BhoxG car at a distance of about 15 km from the 394 km to the front road of the Kasidong-dong-ri 394, a Naju City, under the influence of alcohol by 0.195% in blood alcohol concentration around 20:00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act (Consideration of Sentencing favorable to the following)

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, has already been punished four times due to drinking operation, etc., and among them, the sentence is included.

Nevertheless, the defendant re-driving a drinking again, and the blood alcohol concentration level is considerably high.

However, the crime of this case occurred at the time of about four years since the sentence was sentenced, and there was no traffic accident.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.