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 April 29, 2010, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking driving), etc. on the grounds of the violation of road traffic law at the Young-gu District Court Young-gu District Court (Seoul District Court). On May 10, 2012, the Defendant was sentenced to a suspended sentence of two years for eight months for the same crime

On April 30, 2018, the Defendant: (a) around 23:10, the following: (b) around 143, at the vicinity of the “Paurikdo” located in 143, the lower court driven Cpoter II cargo vehicles while under the influence of alcohol content of about 0.121% in a section of approximately 1km up to the front of the police box for distribution, from the road near the “Paridokin” located in 143, to the front of the police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (with respect to refusal to sign A who is suspected of being subject to investigation), investigation reports (report on the situation of the driver in charge of primary investigation);

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and inquiry into the following:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: Although the defendant had been punished three times due to drinking driving, he/she again reaches the crime of this case: the defendant recognized all of the crimes of this case, and repented and reflected his/her mistake.