A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 28, 2010, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on May 28, 2010, and was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on July 28, 2015.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (driving) as above, on December 18, 2016, 2016, the Defendant driven a Bacular vehicle from the home set in the front line to the front line of the Marine High School of the Southern-do, Dondon-don-donon, with the influence of alcohol content of 0.116% at around 20:25 on December 18, 2016.

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 driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts 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 suspended execution;

1. Although the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act is a highly dangerous crime, the defendant repeats driving of drinking without any particular crime.

Although punishment should be strictly imposed, suspension of execution shall be imposed only once, taking into account the fact that the defendant reflects the fact that he/she has no record of punishment exceeding the fine, etc.