A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On December 12, 2007, the Defendant received a summary order of KRW 3 million from the Gwangju District Court to a fine of KRW 1 million due to a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on August 13, 2010 to a crime of violating the Road Traffic Act.

The defendant is a person who drives a Party B's car.

On December 12, 2015, the Defendant driven the said car at a section of about 1 Km from the advanced district located in the monthly dong of Gwangju Mine to the front day of apartment for the transferee as long as the Defendant was under the influence of alcohol level of 0.210% among blood transfusions on December 23:46, 2015.

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 written inquiries about criminal history and other 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered by the defendant shall be determined by comprehensively taking into account all the kinds of sentencing conditions shown in the arguments of this case, including the defendant's age, sexual behavior, environment, health conditions, circumstances after the crime, etc., such as the records of punishment for drinking alcohol (the punishment of two times due to drinking driving and the records of punishment of a fine or heavier punishment), driving distance, alcohol concentration in blood, and other conditions of punishment shown in the arguments of this case;