A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Punishment of the crime

On December 28, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gwangju District Court on December 28, 2010, and imprisonment with labor for a violation of the Road Traffic Act at the Gwangju District Court's Netcheon Branch on June 13, 2013, and two years of suspended execution for a period of eight months.

On December 27, 2015, the Defendant, while under the influence of alcohol level of 0.078% from blood transfusion around 22:40 on the roads where it is difficult to find out whether it is located in the Yongsan-dong of Gwangju, the Defendant driven a Radon car at approximately 500 meters in the front of the modern hospital located in Yongsan-dong 1129-2, Yongsan-gu, Gwangju, from the roads where it is difficult to find out whether it is located in the Yongsan-dong of Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of the Acts and subordinate statutes, such as inquiry, text of judgment, etc.;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, was already punished four times from 1999 to 2013 due to drinking driving, which includes the suspension of the execution of imprisonment, and the Defendant once driving a drinking again after the expiration of the suspension period.

However, it is more favorable to the following: (a) the driving of the instant drinking alcohol does not cause a traffic accident; (b) the wife having the intellectual disability of class 3 and class 2 of the Defendant; (c) the wife having the intellectual disability of class 2; and (d) the minor offspring who has actually lived ten; and (d) the Defendant disposing of the vehicle and again does not drive the vehicle while driving the vehicle.

In this normal relationship, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, health conditions, circumstances after the crime, and the circumstances after the crime.