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

On May 8, 2015, the Defendant was sentenced to a fine of KRW 4 million in the Gwangju District Court due to a crime of violating the Road Traffic Act (drinking driving), and a person who had been sentenced to a fine of KRW 4 million in the same court on October 27, 2015 due to the same crime in the same court.

On September 10, 2017, while under the influence of alcohol level of 0.168% among the blood transfusion around 04:20, the Defendant driven B automobiles at the section of approximately 1 km from the head of the household in front of the home flusium in Gwangju Mine-ro 390, to the roads in front of the city pipe located in about 129, 1k away from the front of the home flusium in Gwangju Mine-ro.

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. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order, etc.);

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.

Defendant has difficulties in maintaining his/her livelihood.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated even though he/she had been punished twice due to drinking driving.

Considering that the defendant caused the risk of traffic accidents on the road while driving under drinking, it is necessary to strictly punish such crimes.