A defendant shall be punished by imprisonment for six 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 September 11, 2007, the Defendant was issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on September 11, 2007, and a fine of KRW 2 million in the same court on August 9, 201, respectively, for the same crime. On November 5, 201, the Defendant was sentenced to a fine of KRW 7 million in the same court as the same crime.

On September 26, 2017, while under the influence of alcohol leveling to 00:25, the Defendant driven BSS5 car at a section of about 100 meters from the front road of the day, as the Defendant was under the influence of alcohol leveling to 0.150%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The Defendant again committed the instant crime even though he was punished as before and after having been sentenced to both judgment on driving under drinking, and eventually caused a traffic accident while driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.