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 9, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) at the Southern Branch of the Gwangju District Court, and on July 25, 2013, the same court was sentenced to a fine of KRW 4 million for a violation of road traffic law (drinking driving) in the same court.

[criminal history] Although the Defendant had been punished for a violation of road traffic law (driving) more than twice as above, Defendant 1 driven a sports car in Bcoon with approximately 0.119% alcohol level from the two km to the road located in the same 322-1 of the 4km away from July 9, 2017, in the case of mountain south-gun, Namnam-gun, Namnam-gun around July 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver engaged in driving, notification of the results of crackdown on drinking driving, and a statement in the circumstances of the driver engaged in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of the previous and the copy of the summary order), and application of three copies of the summary order;

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. The Defendant committed the instant crime on the grounds of sentencing Article 62-2 of the Criminal Act, even though he/she had been punished twice due to drinking alcohol driving and one time due to drinking refusal measurement.

Although the defendant should be punished strictly, the suspension of execution shall be imposed only once in consideration of all the sentencing factors revealed in the process of the trial of this case, such as the fact that the defendant reflects his/her mistake, that there is no record of punishment exceeding the fine, and that there is no other record of punishment, and that there is no other reason.