The punishment of the accused shall be determined by a year 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] On September 11, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on February 13, 2016, a summary order of KRW 1.5 million for the same crime at the same court.

[2017 Highest 1323] On March 18, 2017, the Defendant driven CM5 vehicle while under the influence of alcohol concentration of about 0.194% from the section of approximately 3km from the direction of the entrance of the Seoul Northern-dong Arts High School to the blind-distance road of the entrance of the Gungdong Arts High School.

[2017 Highest 1578] On March 30, 2017, the Defendant driven a 40km cM5 car from the Defendant’s house located in Gwangju Northern-gu D with alcohol concentration of 0.185% at around 15:50 on March 30, 2017, to the 40km-ro cM5 meters from the c&59-way c&M5 car.

Summary of Evidence

[2017 Highest 1323]

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on investigation (verification of the same criminal record as the suspect);

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 44-2 of the Act on the Protection, Observation, Medical Treatment, Care, etc. (The record reveals that the defendant needs to receive medical treatment for alcoholic content, and the defendant's active guidance for medical treatment;

Since it appears that a medical treatment order is issued to prevent recidivism, it is also imposed.

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.