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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 29, 201, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon Friwon on March 29, 201. On November 28, 2013, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving).

[2] Although there was a history of violating road traffic laws (drinking) more than twice as above, Defendant 1 driven B K5 cars in the state of alcohol alcohol concentration of approximately 0.104% in the 3km section from the front side of the “the most sent satisfaction” road located in the 191 Tae-si Eup/Gu in Gwangju-si, Gwangju-si, to the front side of the entrance of the 3km Eup/Myeong-gu, Gwangju-si, for approximately 3km, from September 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the results of investigation;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of drinking records at least twice);

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the defendant is led to confession and has no record of the crime exceeding the fine, and the punishment shall be determined by taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the execution of the punishment shall be suspended.