The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On November 14, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a crime of violating the Road Traffic Act (dacting driving), and on December 5, 2008, the above court was sentenced to a fine of KRW 1.5 million by the same crime.

[2] Nevertheless, on October 15, 2017, the Defendant driven a motor vehicle with C non-fluenc column under the influence of alcohol level of 0.106% while under the influence of alcohol level of 0.106% at around 30 meters from the pre-road of the fluenc city in Gwangju-gu to the pre-road of the fluenc market in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (to file a binding report, such as a summary order for driving drinking), and summary order, to three copies of the Act 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.

The defendant has difficulties in maintaining his/her livelihood with a physically handicapped person of the fourth degree.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is high, and the crime of this case is repeated despite the records of punishment three times due to drinking driving.

Considering the risk of accidents caused by drinking driving, this crime is serious.