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 February 15, 2013, the Defendant is a person who drives a vehicle in violation of Article 44(1) of the Road Traffic Act on more than two occasions by receiving a summary order of a fine of KRW 6 million from the Seoul Central District Court due to a violation of the Road Traffic Act (driving), and a fine of KRW 4 million from the Incheon District Court to the same crime on September 5, 2012, and receiving a summary order of KRW 4 million from the same crime.

[ 범죄사실] 피고인은 2017. 6. 23. 00:50 경 혈 중 알콜 농도 0.136 퍼센트의 술에 취한 상태에서 D 테라 칸 승용차를 운전하여 안성시 아양동 짱 포차 앞 도로에서 같은 동 아양 주공아파트 112 동 앞 도로까지 약 360 미터 구간을 운행하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Each photograph;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (Attachment of the previous summary order) and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of punishment of a fine twice due to driving of alcohol or driving without a license, the fact that the numerical value of this case drinking is relatively high: the confession, reflectivity, the fact that there is no record of crime exceeding the fine due to the same kind of crime, and the fact that the latter does not repeat again: Other punishment such as age, family relation, circumstances of the crime, etc. of the defendant: the sentence of imprisonment with prison labor for not less than eight months, suspension of execution for two years, or order of protection observation for more than two years