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 11, 2008, the defendant was issued a summary order of 1.5 million won for the crime of violation of the Road Traffic Act at the Jeonju District Court on November 11, 2008, and on April 28, 2009, the Jeonju District Court was sentenced to a suspended sentence of 2 years for the period of 10 months.

On October 18, 2018, at around 23:15, the Defendant driven an E Car under the influence of alcohol of about 300 meters alcohol concentration of 0.142% from the 300-meter section, from the front of the B Apartment in Gwangju to the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Application of criminal history records, investigation reports (report attached, such as the suspect's previous records and copies of summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The Defendant again committed the instant crime despite the fact that the reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures had already been punished four times or more, including the first criminal record stated in the judgment, and the Defendant’s blood alcohol concentration at the time of the instant crime is disadvantageous to the Defendant.

However, the fact that the defendant reflects the defendant, since the defendant was punished for drinking driving in 2009, there is no criminal history until now, the fact that the defendant supports his/her family, including his/her children, is considered as favorable to the defendant, and the punishment is determined as ordered in consideration of all the various sentencing conditions specified in the arguments in this case.