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 of the final judgment.

Punishment of the crime

On May 25, 2007, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 25, 2007, and KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on May 14, 2008.

On April 10, 2015, at around 23:45, the Defendant, at the apartment parking lot of the new Changdong-dong, Gwangju Metropolitan City, driven a B-to-purd car with a blood alcohol concentration of approximately 0.201% under the influence of alcohol level from the 10km section to the front road of the Yongsandong-dong Hospital of Gwangju Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (report on the binding of relevant written judgments);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant had been punished twice due to drunk driving, but he/she again drives under the influence of alcohol, and that he/she has a high blood alcohol level is disadvantageous.

On the other hand, the fact that the defendant does not have any other punishment power except the previous conviction in the judgment of the defendant, and that he does not drive the drinking again is a favorable situation.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.