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 April 23, 2009, the Defendant received a fine of KRW 2 million as a crime of violating road traffic laws (drinking driving) at the Seosan Branch of the Daejeon District Court on April 23, 2009, and a fine of KRW 3 million as a crime of violating road traffic laws (drinking driving) at the Jung-gu District Court on July 1, 2010.

On June 13, 2018, at around 01:04, the Defendant driven a B-L car under the influence of alcohol content of approximately 0.149% while under the influence of alcohol from around 300 meters to the pre-road of the 0.149% from the pre-road of the Kimpo-si in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and report on the circumstances of the driver under driving under drinking;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of suspect's driving record of drinking alcohol);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. In light of the fact that the Defendant again committed the instant crime of drinking alcohol under the condition that he/she had the same criminal history, and that the amount of alcohol concentration in the instant blood transfusion reaches 0.149%, the Defendant’s responsibility for the crime is not less than that of the crime.

However, there is no past record of the defendant's wrong and there is no record of punishment exceeding the previous fine, the driving circumstances of the drinking of this case, the contents and frequency of the records of the same crime, the circumstances after the crime, the age, sex, family relationship, economic circumstances, etc. of the defendant in the trial of this case shall be comprehensively considered, and the punishment shall be determined as ordered in the same manner.