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

On June 20, 2013, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Gwangju District Court on July 25, 2013, and the summary order became final and conclusive on July 28, 2013, and on July 28, 2014, the summary order of KRW 2 million was issued by the Gwangju District Court on August 29, 2014 as a fine for violation of the Road Traffic Act.

On October 15, 2017, the Defendant, while under the influence of alcohol level of 0.138% among blood transfusion around 05:45, driven B-low-income car by collecting ambacoon located in the Gwangju Metropolitan City Mine-gu, Gwangju Metropolitan City, and Lel from the front edge of the commercial building, to the front edge of the same building located in the same location.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again driven a motor vehicle while under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in the primary business, or report on the detection of the driver involved in the primary business (14 pages of investigation records);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports, and summary orders;

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.

The defendant's blood alcohol concentration is high, and the defendant has been punished twice due to drinking driving, but he/she committed the crime in this case.