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 April 27, 2009, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violating road traffic laws (drinking) at the Chuncheon District Court on April 27, 2009, and was sentenced to a fine of KRW 7 million for a crime of violating road traffic laws at the Daegu District Court on December 27, 2012.

[Criminal facts] On October 31, 2017, the Defendant driven a B rocketing car with alcohol content of approximately 0.125% while under the influence of alcohol on the part of approximately 2 kilometers from the first complex market street in Pyeongtaek-dong after Chuncheon to the front day of the New Frane Club in the same city-based city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (each of the following favorable grounds):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have been repented while making a confession of the instant crime; and (b) the fact that the Defendant has no record of exceeding the fine, etc. are factors for sentencing favorable to the Defendant.

On the other hand, even before the crime of this case, the defendant had been punished twice due to drinking driving, and repeated drinking driving, the driving of drinking is highly likely to be criticized as not only the driver but also the other person's life, and the concentration of alcohol in blood is not much significant, etc. that are disadvantageous to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.