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 July 21, 2015, the Defendant is a person who violated Article 44(1) of the Road Traffic Act, on the grounds of criminal facts, such as “under the influence of alcohol level of 0.127% from blood at around 23:10 on August 17, 2013, the Defendant driven the said A-to-p invested vehicle under the influence of alcohol level of 0.147% from blood at around 23:42 on October 17, 2013.”

On June 7, 2018, while under the influence of alcohol level of 0.059% among blood transfusion around 21:43, the Defendant driven from the parking lot of the meti local hospital located in the Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju to the Northbuk-gu, 242-gil 11, 3 km-gu, Seo-gu, Seo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. Previous convictions in judgment: References to inquiries, inquiries about the results of crackdown on drinking driving (Evidence Serial 9, 10), each judgment, and the application of Acts and subordinate statutes on indictments;

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. The defendant is likely to repeat the crime of this case, including the previous conviction on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Education, and Article 62-2 of the same Act, and Article 59 of the same Act.

Considering all the circumstances, such as the fact that the defendant's mistake is recognized, that the alcohol concentration in blood is not high, that the defendant's health condition, etc.