A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 8, 2011, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on June 26, 2015, at the Seoul Eastern District Court issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act.

At around 01:00 on October 20, 2018, the Defendant driven a e-learning car under the influence of alcohol content of about 7 km from the front of Gangdong-gu Seoul to the front of the oil station in Gwangjin-gu at around 01:18 on the same day, while under the influence of alcohol content of about 0.106%.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the provision on prohibition of drinking under Article 44 (1) of the Road Traffic Act by a person who has violated two times or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, notification of the results of the drinking driving control, and report on the state of drinking drivers;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification reports on criminal records for drunk driving);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to attend a community service order to take a disadvantage in sentencing Article 62-2 of the Criminal Act: A dangerous criminal who is likely to cause unexpected behaviors to the life and family of others by raising the possibility of traffic accidents, and the defendant has a record of punishment of fines twice due to drinking driving: A favorable circumstance in which the defendant is punished twice due to drinking driving: The defendant has committed the crime in this case, and there is no criminal record in addition to the punishment of fines on two occasions due to drinking driving, the above circumstances and the sentencing conditions shown in the trial process of this case shall be determined in full view of the above circumstances and the sentencing conditions as ordered.