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

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

Punishment of the crime

[criminal history] On October 21, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court on the same day and three million won for the same crime at the same court on October 29, 2013.

[2] On April 1, 2017, the Defendant, while under the influence of alcohol level of 0.104% among blood transfusion around 02:55, driven B-do car at the 1km section in front of the south Jeju apartment complex located at approximately 1k-ro 153, G-ro 153, the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the detection of a primary driver;

1. Investigation report (related to the application of the above d mark);

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

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.

The defendant needs to receive medical treatment for a branch of a disease.

D. Unfavorable circumstances: The defendant is not guilty of repeatedly committing the crime of this case even though he had been punished twice due to drinking driving.

Considering the risk of accidents caused by drinking driving and the circumstances leading to the detection of the defendant's drinking driving, it is necessary to strictly punish such crimes.