A defendant shall be punished by imprisonment for not more than ten 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 October 14, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic laws at the Changwon District Court’s Tongwon District Court’s branch on October 14, 201, and a summary order of KRW 3 million for a crime of violating road traffic laws at the Changwon District Court’s branch on December 30, 201.

[Criminal facts]

1. On March 4, 2017, the Defendant: (a) driven a C-learning car at the section of approximately 1.5 km from around 1.5 km, which is located in the front of the Do at the Do at the Do of S-si, to the front road of the Do station at the S-si, while under the influence of alcohol at around 01:18 on March 4, 2017.

2. On March 4, 2017, the Defendant: (a) driven a Clearning car at around 300 meters from the Do in front of the Denuk Bapo-dong, which was under the influence of alcohol at around 02:20 on March 4, 2017, to the road front of the Denpo-dong in the same Dong, while under the influence of alcohol at around 02:20 on March 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of each drinking alcohol and a statement in the circumstances of driving each drinking alcohol;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Each of the crimes of this case on the grounds of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures is a situation unfavorable to the Defendant, such as the following: (a) the Defendant was discovered while driving alcohol and driving drinking again; (b) the Defendant was punished by a fine twice due to drinking; and (c) the Defendant’s blood alcohol concentration is relatively high.

However, there is a history of criminal punishment where the defendant is under the time of committing the crime of this case, and the defendant is subject to criminal punishment.