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 March 24, 2008, the Defendant was issued a summary order of KRW 3.5 million due to a violation of road traffic law (drinking driving), etc. by the Incheon District Court, and on October 2, 2008, the Defendant was sentenced to imprisonment with labor for 6 months due to a violation of the same Act, suspension of execution, etc. on October 2, 2008.

Nevertheless, on June 6, 2018, the Defendant driven B Trate car in the state of drunk alcohol with approximately 0.084% alcohol concentration in blood from around 4km-si to the 15th roads in Seocheon-si, Seocheon-si, Seocheon-si.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement report on the circumstances of the driver at home, report on the situations of the driver at home and investigation report on the driver at home (report on the situations of the driver at home);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following: (a) the Defendant reflects his mistake; (b) the developments leading up to driving of the drinking of this case; (c) the alcohol content and frequency of the blood alcohol level (0.084%) the records of the same crime; (d) the circumstances after the crime; and (e) the Defendant’s age, sexual behavior, family relationship, and economic circumstances; and (e) the punishment is determined as ordered by the disposition.