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 November 29, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court; on September 17, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act at the Changwon District Court; on October 1, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Changwon District Court.

[2] On May 11, 2018, the Defendant driven a BN-si car at a distance of approximately 500 meters from the vicinity of the Sejong-dong Sejong Hospital to the south of the same solution under the influence of alcohol content of 0.209% in blood around May 11, 2018.

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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Inquiry about criminal history, application of each summary order, and copy of the text of judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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, including one case of suspended sentence of imprisonment due to drinking driving, has already been committed without being well aware of the fact that the Defendant had been punished four times in total.

The degree of alcohol is very serious.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In addition, it is not possible to lead to the actual accident and the distance of driving is also driving.

Of the previous criminal records of the same kind, not more than five years have been only one case, and the remainder has been punished by a fine for not less than ten years in whole.

There is a family member to support.