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

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

Punishment of the crime

On September 14, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Seoul Western District Court to a fine for a violation of road traffic laws (drinking driving), and on March 6, 2015, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of road traffic laws (drinking driving) from the Seoul Western District Court.

Criminal facts

Although the Defendant had a history of violating the provision prohibiting driving of alcohol twice or more, the Defendant again, in violation of the provision, driven a D-learning car at the distance of about 10 km from the front side of the luminous distance to C located in Sinung-si, in a state of under the influence of alcohol concentration of 0.184% on September 15, 2018, while under the influence of around 02:00 on September 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial statement report, reply to blood collection appraisal, and a blood alcohol appraisal report;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture had been sentenced to a fine for driving under drinking twice the reason for sentencing, since the blood alcohol concentration level is relatively high, it is necessary to make a strict punishment.

Provided, That the punishment shall be determined as ordered in consideration of the absence of accidents, there is no record of punishment exceeding fines due to the same kind of crime, and the circumstances against which the punishment is against, etc.