The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On November 5, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) at the Gwangju District Court, and KRW 3 million as a fine in the same court on May 30, 2013, respectively.

[Criminal facts] On April 21, 2017, the Defendant driven a B Mean car with alcohol content of about 0.123% while under the influence of alcohol level 0.123% in the 6km section from the front of the Hayang-dong, Chungcheongnam-dong, Chungcheongnam-gu, Gwangju to the Hayang-gun Goyangyang-gun's Goyang-gun's high distance from the front of the Don-dong, Chungcheongnam-dong, Gwangju to the Donyang-gun's high distance.

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;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated even though he/she had been punished twice due to drinking driving.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.