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

On January 17, 2013, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the District Court, and on December 29, 2014, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the District Court.

On September 12, 2017, around 02:40, the Defendant driven C rocketing car under the influence of alcohol content of about 0.127% in the 1km section from the front of the Gansung Hospital to the road located in 970 in the unification of Eunpyeong-gu Seoul, Eunpyeong-gu to the roads located in 970 in Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant had been punished twice due to driving under drinking within the last five years, as stated in the judgment of the court, and again driven under consideration that he had been sentenced to fine for drinking less than drinking during the last five years. The defendant stated that 500cc alcohol was drinking together with skin. The amount of alcohol concentration in blood may vary depending on the type of food taken at a drinking speed and the physical constitution of the defendant. However, the degree of alcohol concentration in blood measured at the time of crackdown is disadvantageous to the defendant.

However, the fact that the defendant did not repeat the crime of this case while against the crime of this case, that the defendant did not have been punished heavier than the fine due to drinking driving, that the defendant is the person eligible for support for parents' family as long as he supports his child due to neglect of drinking, and that the defendant is the person eligible for support.