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 August 5, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2 million for the same crime at the same court on October 24, 2016, respectively.

On October 14, 2017, at around 02:45, the Defendant driven a lele vehicle B with alcohol content 0.124% while under the influence of alcohol from around the elementary school near the Seo-gu, Seo-gu, Seocheon-dong, Seo-gu, Gwangju to the front road of the same Gu Pyeong-dong, Pyeong-dong.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous conviction: Application of a written inquiry and 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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant recommits the instant crime even though he/she was punished twice as stated in the judgment that he/she was driving under drinking.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.