A defendant shall be punished by imprisonment with prison labor for up to six 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 May 23, 2008, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Gwangju District Court head, and on November 4, 2013, the same court issued a summary order of KRW 1 million as a fine for the same crime.

On September 27, 2018, the Defendant driven C Lasta car under the influence of alcohol content of about 30km from around 15:00 to around 0.06% of alcohol content in blood, from around 30km to the roads before the Gungung-gun, Yung-gun, Yung-gun, Yung-gun.

Summary of Evidence

1. Statement by the defendant in court;

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. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous summary order attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

favorable sentencing elements: The defendant recognized his mistake and reflects, the alcohol concentration in blood is relatively high, the defendant was a national meritorious service in the military of official duty (Grade V), there is no criminal record exceeding fines, and one of the same criminal records is prior to about 10 years.

The factors of sentencing that are disadvantageous: the same kind of criminal records and two times.