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 January 10, 2012, the Defendant issued a summary order of KRW 1,50,000 to the Seoul Southern District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million at the Seoul Southern District Court for a violation of the Road Traffic Act (driving) on February 10, 2014.

[2] A person who had been punished twice or more as a crime of violating the Road Traffic Act by driving a motor vehicle, etc. under the influence of alcohol as above, and was driving a motor vehicle Bwning-III under the influence of alcohol with approximately 0.147% alcohol concentration in the middle of the oil station located in the same Si/Gun/Gu from September 24, 2017 to the top of the oil station in the same Si/Gun/Gu from September 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the circumstances of the driver who is placed in driving, the written appraisal of alcohol during blood, the report on detection of the driver who is placed in driving, and inquiries about the results of crackdown on drinking;

1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation report (reports related to criminal records of suspects) and application of relevant summary order-related Acts and subordinate statutes;

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. Taking into account all circumstances, such as the defendant's records of punishment for drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the background and distance of drinking driving, etc.