A defendant shall be punished by imprisonment for not less than nine 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 27, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Ycheon Branch of the Gwangju District Court on September 24, 2013, respectively.

On January 19, 2018, at around 04:25, the Defendant driven a B B B B B-be under the influence of alcohol concentration of about 0.111% from the 4km section around the B-beon-ro 402, the same Gu, from around the commercial influordong, to the U-beon-ro 402, the Defendant driven the B-beon-ro under the influence of alcohol concentration of about 0.11%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Reporting case handling table;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Scenic photographs;

1. Previous convictions: The application of Acts and subordinate statutes to inquiries about the results of crackdown on driving under drinking (No. 12 and 13) and inquiries about references, such as criminal history, and investigation reports (Attachment to the judgment of the same type of crime);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing conditions of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. shall be set as the order, taking into consideration all the favorable circumstances, such as the Defendant’s previous conviction, age, family environment, identical criminal records and time interval between the Defendant’s previous conviction and the instant crime, alcohol level in the Defendant’s blood alcohol level at the time of the crime, drinking distance, and circumstances after the crime, etc.