The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On December 17, 2012, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on December 17, 2012, and on May 14, 2007, issued a summary order of KRW 1.5 million for the same crime in the same court.

[2] On November 9, 2017, the Defendant driven a B-sum car owned by the Defendant with approximately 10km alcohol concentration of about 0.140% at the section of about 10km from the 10km to the road in front of the road fishery restaurant located in the Yan-gun, Hamyeong-gun, Hamyeong-gun, Hamyeong-gun, Hamyeong-gun, Seoul, to the road located in 141-ro 141, both of which are located in the front of the Kandong Center.

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 in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of driving force of drinking), text of judgment, and summary order;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is high, and the crime of this case is repeated despite the records of punishment three times due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.