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

[criminal history] The Defendant is a person who has been issued a summary order of KRW 1 million by the same court on September 11, 2015 as a crime of violating the Road Traffic Act (dacting driving) in support of Sungnam-gu Friwon on June 12, 2014, and 2 million won by the same court on September 11, 2015.

[2] On September 30, 2018, the Defendant, while under the influence of alcohol at 0.130% during blood, driven a vehicle B with B in the section of about 500 meters from the front on the day before the details of the water operation in the branch of the Geongnam-si in the Gyeonggi-si to the front road, with a view to around 00 meters from the front day of the Dong-dong and the front day.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of drinking records and attachment of judgment attached thereto);

1. Relevant legal provisions and Articles 148-2 (2) 3 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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

However, the court shall comprehensively consider the following factors, such as the fact that the defendant is against the defendant, the fact that there is no previous conviction exceeding the fine, and the age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., and determine the punishment as shown in the order.