A defendant shall be punished by imprisonment with prison labor for not more than ten 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 September 29, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court. On October 18, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime and one year of suspended execution.

[Criminal facts] On May 26, 2018, the Defendant driven Bsch Rexn car under the influence of alcohol leveling from approximately 500 meters to about 0.196% of alcohol level on the front of the “fluent cafeteria” road located in the Gwangju Mine-gu to the front of the “fluent cafeteria” road located in the same Gu, the Defendant driven the Bsch Rexn car from around 500 meters to the front of the “fluent cafeteria.”

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reporting on a previous conviction before and after each disposition (including attached judgments and each summary order);

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. Article 62-2 of the Criminal Code of the Order to Attend a lecture includes a long-term force for sentencing, the Defendant has a total of three times the criminal records as indicated in the judgment, including the criminal records, and one of them was subject to suspended execution.

However, the defendant driving a motor vehicle without being involved in the crime of this case, and the crime of this case is not good and the risk of recidivism of the defendant is low.

The alcohol concentration is very high among the blood transfusions.

The sentence of imprisonment is to be imposed once more in consideration of the circumstances such as the fact that the period of punishment has passed from the last punishment and the fact that the defendant's mistake is recognized and reflected.

In addition, the details of the drinking driving, the distance and place of drinking, and the defendant's person.