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] The Defendant was sentenced to a fine of KRW 1.5 million on August 16, 201 to a crime of violating the Road Traffic Act (drinking) in the Daegu District Court Port Support on August 16, 201, and a fine of KRW 5 million on August 20, 2013 to a fine of KRW 5 million on the same crime, etc. at the Jeonju District Court on August 20, 201.

[2] On April 18, 2018, at around 23:25, the Defendant driven a B-Adi vehicle owned by the Defendant under the influence of alcohol content of about 0.130% in blood while under the influence of alcohol at approximately 500 meters from the front day of a mutually influent restaurant in the Yansan-gu Seoul Special Metropolitan City to the front day of the enzym of the National Bank in the same Dong.

Accordingly, the defendant was driving a drinking again with a person who has driven a drinking twice or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the same type of judgment attached thereto) shall be made;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, family relationship, environment, circumstances after and result of the crime, etc., and the sentence of a fine twice, and the defendant's age, sexual conduct, family relationship, environment, circumstances after the crime was committed.