1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On March 27, 2015, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on March 27, 2015, and on September 4, 2017, the Defendant issued a summary order of KRW 3 million for the same crime at the Seoul Northern District Court.

On June 8, 2018, the Defendant driven B Poter cargo vehicles with approximately 2 km alcohol concentration of approximately 0.121% in blood, from around the section of approximately 2 km to Dong-gu 217-16, Dong-gu, Dong-ro, Dong-dong, Dong-ro, 217-16, before the Gu Cultural Institute.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Response to a request for appraisal;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

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 Defendant committed the instant crime again, despite the past record of punishment twice due to drinking driving even though the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and the Defendant committed the instant crime. As a relatively high alcohol concentration in blood at the time of the instant crime, the risk of traffic accidents was considerable.

The punishment shall be determined by comprehensively taking into account the various circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the age, environment, sex, circumstances surrounding the crime, driving distance, and the circumstances after the crime, etc., in favorable circumstances, such as the fact that the defendant all recognized the crime of this case and reflects the fact that there is no record of punishment exceeding the fine imposed by the defendant.