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 December 7, 2012, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic laws (drinking driving) in the Young-gu District Court’s Young-gu branch on December 7, 2012. On February 22, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws (drinking driving).

[2] Although Defendant 1 had been punished for committing a violation of the Road Traffic Act (driving of alcohol) on more than two occasions, Defendant 2 driven BM5 cars in the state of under the influence of alcohol with approximately 0.153% alcohol concentration in the 2km section from the front line of the trade in Ycheon-si, Seoul Special Metropolitan City around July 11, 2017 to the front line of 87 U.S. in the same city.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol [criminal records]

1. Written inquiry about criminal history, etc.;

1. Application of statutes, such as a copy of 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. 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there is a history of punishment twice as a crime of violating the Road Traffic Act (drinking) and, in particular, the crime of violating the Road Traffic Act (drinking driving) around 2013, which led to the confession that the crime of the same kind was committed even though the sentence was sentenced to 2 years of suspended sentence in June and 180 hours of community service, and that the same crime was committed during the same time.