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

On June 7, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court’s Netcheon Branch on June 7, 2010, and was sentenced to a fine of KRW 3 million by the same court on June 7, 2012.

On July 9, 2017, the Defendant, while under the influence of alcohol 0.073% during blood transfusion around 20:15, driven a B-low-income car owned by the Defendant from the front road of the village of this Section located in the Mayang-si, Mineyang-si, U.S., to the front road of the Mayang-si, Mayang-si, Mayang-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 choice of imprisonment is inevitable in light of the defendant's criminal records and records of imprisonment without prison labor or heavier punishment for the reason of sentencing under Article 62-2 of the Social Service Order Act;

However, in consideration of the drinking volume of this case, driving circumstances, and the health condition of the defendant, etc., punishment was imposed to prevent recidivism.