A defendant shall be punished by imprisonment for six 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 December 2, 2009, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on December 2, 2009. On November 30, 2016, the same court was sentenced to a fine of KRW 2 million as a crime of violating the Road Traffic Act.

[2] Although Defendant 1 had been punished for violating the Road Traffic Act (driving) more than twice as above, Defendant 2 driven B Ra in the state of alcohol concentration of approximately 0.101% during the 20km section of the 20km from each of the miscarriage on September 5, 2017, where it was sent back to the south-gun of South and North Korea on September 5, 2017 to the front of the dental road located in the Cheongdo-ri, South and North Navy-gun, west-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of drinking, a statement in the circumstances of the driving driver, and a statement of control details;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, a copy of an investigation report (Attachment of a summary order), and the application of two copies of a summary order;

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, even though the Defendant had been punished twice or more due to drinking, repeated driving of drinking without any particular offense.

Considering the potential risk of drinking driving, the defendant should be punished strictly.

However, the suspension of execution shall be imposed only once in consideration of all the factors of sentencing revealed in the trial process of this case, such as the fact that the defendant is against the defendant, the fact that he/she has no record of being punished in excess of the fine for the same kind of crime, and the age, sex, environment, circumstances after the crime, etc.