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 August 26, 201, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Changwon Branch on August 26, 201, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on August 8, 2014.

[2] On July 30, 2017, the Defendant, while under the influence of alcohol level of 0.19% among blood transfusion around 20:20, driving a car in body from approximately 10 KK to B at the 22-16-16 large apartment C Dong-gu, Gwangju-gu, dong-gu, Gwangju-gu, dong-gu, Seoul, a 26-16 large apartment site under the influence of alcohol level of 0.19%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of the relevant Acts and subordinate statutes to investigation reports (Binding of such previous 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, in full view of the following circumstances: (a) the Defendant’s age, sex, environment; (b) the background and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., 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.

The defendant needs to receive medical treatment for a branch of a disease.

Defendant has difficulties in maintaining his/her livelihood.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated despite the fact that he/she has been punished three times due to drinking driving.

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