A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 5, 2008, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 14, 2012, the Defendant was sentenced to a suspended sentence of three years for a crime of violating the Road Traffic Act at the Gwangju District Court on November 14, 2012.

On April 5, 2016, the Defendant driven B strawing car from a restaurant located in a non-permanent area of Gwangju Mine-gu below 0.102% of alcohol level among the blood transfusion around 05:50, to a nuclear hospital located in the south-gu of Gwangju, Nam-gu from a restaurant with the 7km alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of inquiry, inquiry, text of judgment, summary order-related Acts and subordinate statutes;

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. In light of the following: (a) the Defendant was punished three times from 2000 to 2012 for the reason of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s previous conviction on the part of drinking driving; (b) the Defendant’s blood alcohol level at the time was high; and (c) the Defendant’s vehicle was installed on the road and the risk of traffic accidents was high, the Defendant’s strict punishment is necessary.

However, in the judgment of the suspension of the above execution of drinking, the defendant did not have caused a traffic accident due to the driving of drinking in this case, and the criminal facts are deemed to have been considered as the main sentencing factor in addition to drinking driving, and the defendant again does not drive drinking, etc., the defendant shall choose imprisonment only once in consideration of favorable circumstances, such as the fact that the defendant again does not drive drinking, and the execution of the sentence shall be suspended, and all of the arguments of this case are shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, health condition, circumstances after the crime, etc.