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

[criminal history] On May 19, 2010, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of road traffic law in the Southern Branch of the Gwangju District Court of Gwangju, and on July 27, 2010, sentenced to a fine of KRW 2 million as a crime of violation of road traffic law (driving driving) in the Southern Branch of the Gwangju District Court of Gwangju District.

[2] On November 1, 2016, around 21:10, the Defendant driven a benz car at approximately 0.119% alcohol level in the section of about 5km from the front of the Jin-gun, Jindo-gun, Jindo-do to the front of the Gupo-ro 127, the Gupo-ro 127, Jin-gun, Jindo-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on driving under drinking (7 pages of investigation records);

1. Previous convictions in judgment: Application of the provisions of the Acts and subordinate statutes to inquiries, such as inquiries about criminal history;

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 operation 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 the awareness of any particular crime.

Considering the above circumstances, a suspended sentence shall be imposed only once in consideration of the fact that the defendant is seriously punished, but the fact that the defendant is against the defendant, and that there is no record of punishment exceeding the fine for the same kind of crime.