A defendant shall be punished by imprisonment with prison labor for not more than ten 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] On July 16, 2010, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court on July 16, 2010, and a fine of KRW 4.5 million by the same court on May 31, 2012. On November 26, 2012, the Defendant was sentenced to a fine of KRW 7 million by the same court on the same offense.

[Criminal facts] On March 5, 2018, the Defendant driven B K5 vehicle under the influence of alcohol leveling 0.106% from the section of approximately 500 meters from the front of the Yangsan post office located in Yangsan-dong, Gwangju, to the front of the limit located in the same Gu-based high-tech route.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking and notification of the results of crackdown on drinking driving;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the text of the judgment;

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. The punishment of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act shall be imposed by selecting and punishing the accused at once, taking into account his/her alcohol density, the circumstances leading up to driving alcohol, the distance and place during driving alcohol, the age of the accused, sexual behavior, environment, circumstances after the crime, etc.;