A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 19, 2018, at around 18:00, the Defendant driven a DNA cargo vehicle under the influence of alcohol content of 0.129%, from the front of the mutual influence store located in the Southern-gu, Gwangju to the roads adjacent to the sentiments of the C University located in the same Gu B, in approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver, the ledger of use of a drinking measuring instrument, and the control of drinking driving;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which takes into account the favorable circumstances

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in the defendant's past records of ten times including his/her past records of drinking alcohol driving several times, and on October 15, 2015, the Gwangju District Court has been sentenced to a fine of five million won for violating the Road Traffic Act at the Gwangju District Court on October 15, 2015.

In addition, at the time of the crime of this case, the Defendant’s blood alcohol concentration level was not lower than 0.129%, and even though not charged, a traffic accident occurred during drinking driving.

Considering these disadvantageous circumstances, it is inevitable to choose the sentence of imprisonment for the accused.

However, if the crime of violation of the Road Traffic Act (Refusal of measurement) is excluded, the execution of the sentence shall be suspended in favor of the family members, taking into account the circumstances that the defendant is faced with the economic difficulties as a basic livelihood recipient, while the execution of the sentence shall be deferred in favor of the family members, such as the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., and the punishment shall be determined like the disposition, by taking into account the following circumstances: the defendant's age, character and behavior, family relation, etc.