A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 15, 2010, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Gwangju District Court, a fine of 2 million won as a crime of violating the Road Traffic Act at the Gwangju District Court on March 22, 2012, and a fine of 2 million won as a crime of violating the Road Traffic Act at the Gwangju District Court on February 7, 2014, respectively.

On December 29, 2016, the Defendant was under the influence of alcohol content of 0.073% among blood transfusions on 07:23, the Defendant driven CK9 car volume from the front side of the Don restaurant located in the Seopdong in Gwangju Seo-gu to the front side of the Seomjin environmental basin in Gwangju Seo-gu.

As a result, the defendant was punished for drinking more than twice, and driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The point of previous convictions: The application of a reply to inquiry, such as criminal history, investigation report (formers and attachment of judgment) and 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, while having been able to drive alcohol three times, also leads to the crime of drinking alcohol driving in this case.

However, considering the fact that the defendant reflects the crime, that the defendant spawned after drinking alcohol until the preceding 21:30 days, and that the defendant was fully aware of the fact that he driven a motor vehicle at around 07:23 the A.M. but was found to control drinking, and that the respiratory measurement at the time of detection exceeds 0.05% which is the control standard (0.073% as a result of the defendant's request to collect blood) and considering the circumstances favorable to the defendant's age, sexual behavior, environment, family relationship, motive, means, means, and result of the crime.