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

On November 27, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on November 27, 2009, and a fine of one million won for the same crime at the same court on July 2, 2013.

Nevertheless, at around 22:30 on November 23, 2016, the Defendant driven Category B car with alcohol content of 0.074% while under the influence of alcohol on the roads in front of modern apartment complexes located in the Southern-gu, Gwangju to the roads in front of the same Dong, approximately 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (to file a summary order for drinking driving);

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, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, and Article 62-2 of the Act on the Observation, etc. of Protection, etc., committed the instant crime despite the fact that the Defendant had been punished for driving like drinking on several occasions, and the nature of the crime

However, the defendant reflects the crime of this case, and again does not drive drinking again.

It shall be decided as per the disposition in consideration of the fact that it is divided.