A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 10, 2008, the Defendant issued a summary order of KRW 1,50,000 to a fine for a crime of violating the Road Traffic Act at the Jeju District Court, and on June 5, 2012, the Defendant issued a summary order of KRW 5 million to a fine for a crime of violating the Road Traffic Act at the same court on June 5, 2012.

On October 27, 2016, at around 13:55, the Defendant driven B Poter cargo in the state of alcohol alcohol concentration of approximately 0.242% from the 1km section to the road in front of the same water network distance center for older persons from the front of the water network to the intersection of the water network for older persons in Seocho-si, Chungcheongnam-si.

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. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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. Circumstances that are favorable to the determination of punishment as ordered by taking into account the following circumstances as the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the alcohol content in blood at the time is very high to 0.242%, and the fact that there is a history of criminal punishment three times due to the violation of the Road Traffic Act (in particular, 0.205% of alcohol content in blood while driving alcohol on August 4, 2008; 0.204% in blood while driving alcohol on April 25, 2012): Other circumstances of the instant operation, Defendant’s age, sex, environment, etc.