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

On October 31, 2007, the Defendant was sentenced to six months of imprisonment for a crime of violating the Road Traffic Act (drinking driving) at the District Court of the Republic of Korea, and on August 20, 2010, the Defendant was issued a summary order of KRW 4 million by the same court with the same crime, etc.

On December 22:30, 2016, the Defendant driven B, while under the influence of alcohol, with approximately 150 meters alcohol concentration of about 0.087% from the 150-meter section to the front road of the “Slow Sea Station” in the same face name from the front of the “Seong-gun, Seocheon-gu, Seocheon-gu, Gyeong-gun, Gyeonggi-do.”

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. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 reason for sentencing under Article 62-2 of the Criminal Act lies in the following facts: (a) the Defendant was the same and six times for the same offense; (b) the Defendant repeated driving of the instant drinking despite his previous convictions and two times for the suspended sentence; (c) despite his previous convictions and one time for the suspended sentence, despite his previous convictions and one time for the same offense, the Defendant committed the instant offense; (d) the previous convictions and the previous convictions of the same type for the suspension of executions but for about ten years, and the previous convictions for the drinking within ten years are only punished by a fine; (e) the distance of driving the instant drinkings is about 150 meters; (e) the alcohol content in the blood alcohol at the time of the instant case is less than 0.1%; and (e) the Defendant’s age, sex, environment, motive for committing the instant offense, and the circumstances after committing the instant crime, etc.