The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 18, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) from the Daejeon District Court’s Branch on October 18, 201. On August 22, 2011, the Defendant received a summary order of KRW 2 million for the same crime from the same court.

On April 4, 2017, the Defendant driven B car under the influence of alcohol content of 0.103% at a distance of about 500 meters from the area of 30 meters away from the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City to the front side of the roads of the Dong Tri-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Seoul Metropolitan City.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s self-written statement;

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

1. Application of the provisions of Part III of inquiry, such as criminal history, and written summary order;

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 reasons for sentencing of Article 62-2 of the Criminal Act, including the protection and observation of the community service order and the order to provide community service, and the order to attend a lecture, even though the defendant had been under the influence of punishing drinking driving two or more times, the alcohol content was also significant at the time of committing the instant crime, the criminal records of the defendant, the criminal punishment, the recognition of the crime and the violation of the defendant, the fact that the defendant did not cause any traffic accident, the social relation is obvious, and other various circumstances shown in the instant trial, including the defendant's age, sex behavior, environment, and the process of committing the crime, shall be determined as ordered by the disposition