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 April 11, 2008, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on April 11, 2008, and was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act on September 20, 201.

Although the Defendant had been punished twice or more due to the above drinking driving, on January 10, 2016, at around 21:31, 2016, he driven Bho-do car while under the influence of alcohol content of about 0.097% in the direction of approximately 300 meters in front of the 309 Marn High School.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement reports on the circumstances of drivers working at the main place, and making inquiries into the main place;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (formers and attachment of written judgments);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and the selective punishment;

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 punishment shall be determined as ordered in consideration of the circumstances, such as the fact that the alcohol concentration is not very high in the blood for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that there is no history of punishment exceeding a fine, and the fact that the mistake is against the order, etc.