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

On September 10, 2008, the Defendant received a summary order of KRW 700,000,000 from the Seoul Western District Court to the same crime as a violation of the Road Traffic Act. On December 22, 2014, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to the same crime.

On June 20, 2017, at around 03:30, the Defendant driven 306 as the bankruptcy of Gangnam-gu Seoul, Scar, from the front day of the Seoul city to the front day of the Dobong-gu, Seongbuk-ro 202, BMW 528i car, while under the influence of alcohol content 0.09% in blood.

Accordingly, although the defendant was punished twice due to drinking, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of drinking driving records, etc.), and application of Acts and subordinate statutes of each 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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service was served twice punishment due to driving under the influence of alcohol on the grounds of sentencing under Article 62-2 of the Criminal Act, but again led to the instant crime, there is no criminal punishment exceeding the fine, support for the referring of the aged who is serving in prison, and reflects the fact that it