A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On August 27, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Gwangju District Court on August 27, 201, and on January 19, 2012, the same court received a summary order of KRW 2 million as a crime of violating the Road Traffic Act.

Although the Defendant had been able to violate the provision prohibiting drinking under the Road Traffic Act more than twice as seen above, around May 18, 2018, around 03:37, the Defendant driven a eMW car with approximately 5m eMW while under the influence of alcohol leveling to 0.236% in blood alcohol level on the front side of Gwangju Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Investigation report (No. 18 No. 5 of the evidence list);

1. Accident photographs;

1. Previous convictions in judgment: To refer to inquiries and to the application of summary order 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 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, the punishment shall be determined as ordered in consideration of the degree of alcohol concentration in blood, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the developments leading up to the crackdown, the distance from the previous punishment records, the defendant's age, sex, environment, circumstances after the crime, etc.