A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 6, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2 million as the same crime in the same court on April 24, 2008, respectively, from the Gwangju District Court's Netcheon Branch.

Although the Defendant had been punished for drunk driving twice as above, on July 27, 2018, at around 02:00, the Defendant driven a Fwing-III vehicle at approximately 100 meters from the front of the road located in B when under the influence of alcohol at around 0.118%, to the front of the road located in D, while under the influence of alcohol at around 02:0.00.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Evidence and photographs of the drinking-driving field;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment to prevent recidivism shall be determined by taking into account the following circumstances: (a) the Defendant’s reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., including the fact that the Defendant had two times his/her previous convictions; (b) the distance of drinking driving is short; (c) favorable circumstances, such as the Defendant’s reflection of his/her mistake; and (d) the Defendant’s age, family environment; (d) the interval between his/her previous convictions and his/her previous convictions at the time of the crime;