A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 9, 2013 and May 18, 2015, the Defendant received a summary order of a fine of one million won and a fine of four million won, respectively, from the Gwangju District Court as a crime of violation of the Road Traffic Act.

On December 15, 2018, at around 00:26, the Defendant driven a vehicle B fengbb in the state of alcohol alcohol concentration of about 5km from the 00:00-26-gu, Gwangju Mine to the 30-gu cultural center roads adjacent to the YongsanIC located in the 30-gu, Gwangju.

As a result, the defendant violated the prohibition of drinking driving more than twice and drives a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports and application of each summary order statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. In light of the time when the defendant was punished twice due to drunk driving, the time of the crime of this case, the blood alcohol concentration level, and the distance of drunk driving, etc. for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, it is inevitable to choose imprisonment for the defendant.

However, the execution of a sentence shall be suspended by taking into consideration the following circumstances: (a) there is no previous conviction other than a fine for two times due to drunk driving; and (b) the fact that the defendant is promising not to drive a drinking again while he has seriously reflected, etc.; (c) however, the execution of the sentence shall be suspended by taking into account various circumstances, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime.