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 August 7, 2013, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and issued a summary order of KRW 4 million for the same crime at the same court on December 7, 2015.

On May 15, 2017, at around 23:34, the Defendant driven a Dpoter II cargo vehicle with approximately 500 meters alcohol concentration from the front of the mutual influent restaurant in Seo-gu, Seo-gu, Gwangju to the front road of the no-light market in Nam-gu, Nam-gu, Gwangju to the day of the no-light market in Nam-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. The point of judgment: Application of a written inquiry and a copy of a summary order, such as criminal history;

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. In full view of all the sentencing conditions indicated in the instant pleadings, including the fact that there was a history of two times punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but there was no history of crime exceeding fines, the fact that there is no depth of crime, the disposal of vehicles, etc., and the fact that the family and society are not driving again, such as disposal of vehicles, etc., it is clear that the relationship between the family and society is relatively obvious, the degree of alcohol during blood alcohol, driving distance, the Defendant’s age, sex, environment, circumstances, and circumstances after the crime, etc., the sentence shall be determined as ordered.