A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On July 2, 2013, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving), and KRW 6 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving), etc. on September 14, 2015.

[2] On October 20, 2017, the Defendant driven B Q5 car at approximately two kilometers from the front of the Green Hospital located in the 224-ro, Seo-gu, Gwangju, Seo-gu, in the state of alcohol alcohol content of 0.137 percent in blood around 07:35 on October 20, 2017 to the top of the extreme to which the regular business of the Gwangju Mine-gu is located.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident occurrence report;

1. Field map of a traffic accident;

1. A traffic accident report;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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 is that the defendant, even though he/she had the ability to drive drinking two times, causes a traffic accident by driving drinking at the same time, the crime liability is not minor.

However, considering the favorable circumstances, such as the fact that the defendant reflects the crime, the fact that the defendant has no record of crime exceeding the fine due to traffic crimes, etc., the punishment as ordered shall be determined by taking into account all the factors of sentencing as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, etc.