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 July 21, 2006, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving), on December 23, 2008, a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) at the Seoju District Court on December 23, 2008, and on May 13, 2014, a summary order of KRW 7,00,000 as a fine for a violation of road traffic law (drinking driving), respectively.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking), the Defendant driven a motor vehicle under the influence of alcohol level of about 0.097% during the 1km section from August 18, 2018 to the roads near the Defendant’s residence located in Gwangju-si, Gwangju-si, to the roads adjacent to the North Korean mountain in the same city, while driving a motor vehicle under the influence of alcohol level of about 0.097% during the 1km section.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of a driver who is to take driving, a report on the results of regulating the driving of drinking and a report on the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions in the same case and report);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has a number of criminal records of the same kind, etc. disadvantageously.

However, in light of the fact that there is no record of punishment exceeding the fine against the defendant, the confession of the crime of this case and the attitude that seriously reflects the defendant, the blood alcohol concentration is very high, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined like the order.