A defendant shall be punished by imprisonment for not more than ten 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 November 2, 2007, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, etc. from the Gwangju District Court's Netcheon Branch on November 2, 2007, and on November 30, 2012, the same court received a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act.

On March 21, 2019, around 04:40 on March 21, 2019, the Defendant driven a franchise-free car with approximately 5km alcohol concentration of 0.168% while under the influence of alcohol in the 5km section from the new roads in the Gwangju Mine to the roads adjacent to the same Si-Gu B.

As a result, the Defendant violated the prohibition clause on drunk driving more than twice, and drives a motor vehicle, etc. while under the influence of alcohol in violation of the same clause.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of three copies of summary order Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by comprehensively taking account of the various sentencing conditions as shown in the records and arguments of this case.