A defendant shall be punished by imprisonment for six 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

On September 11, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court, and on July 9, 2007, the same court received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (dacting driving) and on October 28, 201, the same court received a summary order of KRW 3 million as a fine for a crime of violating the Road Traffic Act (dacting driving).

On April 16, 2017, at around 19:00, the Defendant driven C Launa car with approximately 1m, while under the influence of alcohol content of 0.115% in blood on the front side of Gwangju Mine-gu B.

Accordingly, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on the detection of a primary driver;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime even though he was punished four times in 198, 2006, 2007, and 2011 due to driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.