The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On February 15, 2013, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on February 15, 2013, and a fine of KRW 3 million by the same court on November 6, 2012.

[Criminal facts] On August 31, 2017, the Defendant driven BM5 vehicles under the influence of alcohol level of approximately 0.167% at the distance of approximately 200 meters from the after door of the main apartment in the Hannam-dong in Gwangju Mine-gu to the roads before the lower end of the U. Masan-dong in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a reply to inquiry, investigation report (Attachment to a copy of the previous summary order) by statutes;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is high and the crime of this case is repeated even though he/she had been punished twice due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.