The punishment of the accused shall be determined by eight 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] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Traffic Act on August 17, 2000 at the Gwangju District Court and a fine of KRW 1.2 million for a crime of violating the Traffic Act on March 29, 2001, a crime of violating the Traffic Act on March 12, 2003, a fine of KRW 2.5 million for a crime of violating the Traffic Act on March 4, 2009, and a fine of KRW 1.5 million for a crime of violating the Traffic Act on April 9, 201.

[Criminal facts] On September 1, 2017, the Defendant driven a 1k quantity C car from the horse market located in the Masan-dong of Gwangjubuk-gu to the innovation town located in the same Gu and Dong from the end of the horse market in the same Gu, while under the influence of alcohol level of 0.244% among blood transfusion around 21:45.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (as to the result of a request for appraisal of alcohol concentration among the blood transfusions), and a report on detection of the driver of the main alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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.

Since 2012, the defendant has lived faithfully without criminal records.

There is a family member to support the defendant.

Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated even though he/she has been punished five times due to drinking.