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 2, 201, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) from the Gwangju District Court Branch on May 2, 201, and received a summary order of KRW 4 million for the same crime from the same support on October 16, 2012.

[2] Although the Defendant had been able to violate the prohibition on drinking under the Road Traffic Act two or more times, the Defendant driven B rocketing car at around May 13, 2018, under the influence of alcohol level of about 0.172% from the parking lot of the salt farm sports center located in Geum-ro, Seo-gu, Gwangju Metropolitan City to the end of the horse in front of the post office located in the same Gu, around May 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and investigation report (the application of the above dmark);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report [including summary order attached thereto] by 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. According to the reasoning of sentencing under Article 62-2 of the Criminal Act, the Defendant’s selection and punishment of imprisonment at once, on the ground that the Defendant’s personnel regulations of the Defendant’s working company stipulate “when the Defendant becomes subject to the execution of imprisonment without prison labor or any heavier punishment” as the grounds for the Defendant’s retirement are stipulated as follows: (a) there was a history of punishment twice due to drinking driving; (b) blood alcohol concentration was not low; and (c) physical damage was caused only; and (d) the traffic accident was caused.

However, after the driver's license is revoked due to driving under the influence of alcohol stated in the judgment, the Defendant is punished by a fine of one million won for a violation of the Road Traffic Act (unlicensed Driving).