A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On January 15, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 2.5 million as a fine in the same court on November 7, 2017, respectively.

Criminal facts

On October 3, 2018, the Defendant had a history of driving under the influence of alcohol twice or more, but on October 3, 2018, at around 01:30, the Defendant driven a B-hand car while under the influence of alcohol of about 500 meters in a section of about 0.081% in blood alcohol concentration from the mutual and aesthetic drinking house in the To the Do office distance in the same 225-person with the same efficacy.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports ( twice the sound records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order was that the defendant had been subject to punishment two times or more due to drinking driving in the last time.

However, in comprehensive consideration of the facts against the defendant, the fact that there is no record of a crime exceeding a fine, the age of the defendant, drinking alcohol, the circumstances and results of the crime, and other various circumstances shown in the pleadings of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.