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 June 4, 2008, the Defendant was issued a summary order of 700,000 won or more for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on June 4, 2008, and the Defendant was issued a fine of 1.5 million won or more for the same crime at the same court on June 7, 2010.

On December 3, 2016, at around 00:19, the Defendant driven B-low-income vehicle under the influence of alcohol content of about 0.079% in a section of approximately 1km from the main point of “influoral bridge” to the roads in front of the same Siroro-dong ecological tunnel.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of such previous history and summary orders);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the choice of applicable laws and punishment, and the choice of punishment for the crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine as stated in the facts constituting the crime in the judgment, etc.

However, in light of the favorable reasons for sentencing, such as the defendant's reflectiveness, the traffic accident was not occurred at the time of driving the drinking of this case, the alcohol concentration in blood remains at the level of license suspension, the fact that there was no past record of punishment heavier than the suspension of execution, and other favorable factors for sentencing, such as the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence like the order shall be imposed in consideration of the sentencing conditions stipulated in Article