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 May 21, 2013, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 700,000 as a fine for the same crime in the same court on November 19, 2007, respectively.

[2] Although Defendant 1 had been punished as a crime of violating the Road Traffic Act (drinking), Defendant 1 driven BS-type vehicles under the influence of alcohol with approximately 50 meters alcohol concentration at approximately 0.258% from the 50m section to the 55th road in the BS-type, which was under the influence of alcohol, on April 28, 2018, from the 11:32 BS-type, BS-type vehicles in the influence of alcohol at around 50 meters to the 55th road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. On-site photographs;

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

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 20

1. Article 62 (1) of the Criminal Act on the stay of execution (The following conditions considered as favorable for the reasons of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the same as the three previous crimes after 2000, which were repeated, and the drinking volume is very high, in principle, a strict punishment is required.

However, the punishment shall be determined like the order, taking into consideration the favorable circumstances, such as the fact that the distance of driving is relatively short, the fact that an accident is not caused by the crime, the fact that there is no record of punishment exceeding the fine, the economic situation is not good, the support for the family, etc.