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] On November 26, 2007, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on November 26, 2007, and two million won as a fine for the same crime at the Sungnam Support of Suwon Friwon, which was sentenced to a fine of two million won as the same crime.

[Criminal facts] On October 30, 2018, the Defendant driven B rocketing car at a distance of about 500 meters from the front of the king of the king-dong in Sungnam-gu, Sungnam-dong, Sungnam-dong, which was under the influence of alcohol level of 0.080% during blood transfusion at around 02:47, to the shooting distance in the Sungnam-dong market in Sungnam-dong, Sungnam-dong.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of a summary order by suspect;

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 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.

Although the defendant was punished twice as a crime of drinking driving, he is not responsible for driving drinking again.

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.