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 August 6, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on the summary order of KRW 700,000,000 as a fine for the same crime at the same court on October 19, 207.

[Criminal facts] On May 4, 2017, the Defendant driven B-free cars at a section of approximately 200 meters up to the roads front of the lux apartment in front of the lux apartment located under the west-gu, Gwangju, while under the influence of alcohol level of 0.058 percent among blood transfusion around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

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's blood alcohol concentration is relatively low.

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, strict punishment is needed for these crimes.