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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) on October 10, 2013, in the support of Ansan Frigwon, and on May 19, 2010, the defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking refusal of drinking), and on February 27, 2007, the defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking refusal of drinking), and on the support of Suwon Frigwon, the defendant was sentenced to a summary order of KRW 2.0 million for a crime of violating the Road Traffic Act (drinking) in addition to the above criminal record two times.

[2] On August 3, 2017, at around 05:50 on August 3, 2017, the Defendant driven a liquid sports cargo vehicle C in the state of alcohol alcohol concentration of approximately 0.084% from approximately 6km to the continental commercial road located in Gwangju City, from the front of the wife population B, to the front of the continental commercial road located in Gwangju City.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 on the observation of protection and order to attend lectures;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of the defendant's confession, when four years have elapsed since the discovery of last drinking driving, and the amount of alcohol concentration in the blood of the defendant of this case shall be reduced by taking into consideration favorable circumstances, such as the defendant's age, sexual behavior, environment, motive for the crime.