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 May 16, 2011, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on October 24, 2013, the Defendant received a summary order of KRW 1.5 million from the same court to a fine for a violation of the Road Traffic Act.

피고인은 2016. 3. 25. 23:50경 전주시 완산구 서신동에 있는 개미와 배짱이 가맥집 앞 노상부터 전주시 덕진구 온고을로 458 동원철강 앞 노상에 이르기까지 약 5km 구간에서 혈중알코올농도 0.067%의 술에 취한 상태로 B SM5 승용차를 운전하였다.

Accordingly, even though the Defendant violated the prohibition of drunk driving more than twice, the Defendant once again driven the said vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The circumstances favorable to the defendant are identical to and two times: serious reflectivity; serious conditions favorable to the defendant; the detention of the defendant is no longer than a suspended sentence; accompanying excessive difficulties for his/her dependants; and the comprehensive conditions for sentencing under Article 51 of the Criminal Act are all the conditions for sentencing;