A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 10, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of road traffic law (driving in drinking), and a summary order of KRW 3 million for the same crime at the Jeonju District Court on January 16, 2015, respectively.

However, the Defendant, while under the influence of alcohol leveling 0.293% of the blood alcohol level around 22:20 on March 27, 2017, driven Cran-do car at approximately 2 km from the front of any restaurant located in the 3-lane Cirreshesheet in Jeonjin-gu, Seoul to the front of the road in the same Gu, to approximately 536 Maart from the front of the road.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. Response to a request for appraisal;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 55(1)3 of the Act on the Mitigation of Small Quantity, and Article 62-2 of the Criminal Act, including the following circumstances: The Defendant, at the time of driving of the instant drinking, driven under very serious condition of 0.293% of alcohol level during the blood alcohol level at the time of driving of the instant drinking; the Defendant had been punished twice by a fine due to drinking; the Defendant’s age and occupation; the Defendant’s age and occupation; the living environment; and the driving distance during blood level at the time of crackdown;