A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal history] On May 24, 2018, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on May 24, 2018, and a fine of KRW 4 million for the same crime at the same court on the 30th of the same month.

[Criminal facts] On May 25, 2018, the Defendant driven a motor vehicle of approximately 6 km from the front side of the “C” in Gwangju Northern-gu to the same front side of D, while under the influence of alcohol level of 0.148% during blood transfusion around 23:55.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in each disposition, and applying Acts and subordinate statutes to investigation reports (Attachment to judgment);

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. Determination on the assertion of the Defendant and his defense counsel under Article 62-2 of the Criminal Act: ① The purpose of the Road Traffic Act is to prevent and eliminate all traffic dangers and obstacles on roads to ensure safe and smooth flow of traffic; ② the statutory punishment is differentiated depending on the frequency of drinking, etc. following the amendment of the Road Traffic Act by Act No. 10790, Jun. 8, 201; ② the Road Traffic Act provides that a person who has driven a vehicle while driving a vehicle in violation of Article 44(1) of the Road Traffic Act shall be subject to severe punishment in cases of drinking again while driving a vehicle in violation of Article 148-2(1)1 of the Road Traffic Act; ③ Article 148-2(1)1 of the Road Traffic Act provides that “A person who has violated Article 44(1) on at least two occasions” and does not require a conviction judgment. In light of the fact that the Road Traffic Act does not require a judgment of conviction, it is difficult to view that a person who has been sentenced to punishment of at least 127 p.