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 October 19, 2007, the defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on October 19, 2007, and a fine of KRW 2.5 million for the same crime at the same court on November 19, 2010.

[Criminal facts]

1. On May 16, 2018, the Defendant violated the Road Traffic Act (drinking) driven BM5 car at the section of approximately 500 meters from the Do in front of the mutual influence restaurant located in the valley of Gwangju Mine-gu to the road located in the lower end of the Southern Tropool, while under the influence of alcohol level of 0.088% among the blood transfusions around 22:52, 2018.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the above motor vehicle at the same time and place as the above 1. Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Inquiry into mandatory insurance;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order of the same criminal record as the suspect);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Sentence 62-2 of the Criminal Act: Imprisonment with prison labor shall be imposed in a lump sum, taking into account the defendant's drinking, driving power, etc. for sentencing;

In addition, taking into account the degree of alcohol in blood, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the period of entering into a mandatory insurance policy, the defendant's age, sex, environment, circumstances after the crime, etc., the sentence shall be imposed as ordered.