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 December 7, 2007, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), etc. on the grounds of a violation of the Road Traffic Act, on January 14, 2008, by the Seoul Northern District Court, respectively. On November 29, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million with a history of being sentenced to a fine of KRW 5 million with the same crime, etc. on the grounds of the same offense.

On August 14, 2017, from around 22:30 to around 22:50 on the same day, the Defendant driven B rocketing car under the influence of alcohol content of about 0.193% during blood alcohol in the front of the 500-meter road from the Gancheon-dong, Gancheon-dong, Gancheon-dong, Gancheon-dong to the same end.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes of the judgment and investigation report (former and attachment of the judgment);

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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is the case where the defendant driven a motor vehicle under the influence of alcohol at least two times due to drinking, and the quality of such crime is not good, the defendant's blood concentration is high, the defendant has a record of being punished five times (4 times a punishment, a suspension of execution of execution of execution of execution of execution of execution of sentence) due to the same kind of traffic crime of violation of Road Traffic Act (driving), Road Traffic Act (Refusal of measurement of drinking), Road Traffic Act (non-license), and Road Traffic Act (non-license).