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

[criminal history] On July 16, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Sungnam support center, and a summary order of KRW 3 million for the same crime at the same court on March 16, 2017, respectively.

[2] Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven BK7 car from around 2.5 km to the road of the same 3.5 km on November 30, 2017, under the influence of alcohol level of 0.084% from the blood transfusion around 02:47 on November 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place and an investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

Other factors of sentencing, such as the defendant's age, environment, sexual conduct, motive and means of a crime, circumstances after a crime, etc., such as the fact that the defendant is against himself/herself, the numerical value of alcohol concentration in blood, and the fact that there is no previous conviction exceeding a fine, etc., shall be determined as per Disposition by comprehensively taking into account all the factors of sentencing as shown in the records and changed theories