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 June 22, 2012, the Defendant received a fine of KRW 1 million as a crime of violating road traffic law (drinking driving) in the support of the Korea Coast Guard, and KRW 2 million as a fine from the Incheon District Court Branch Branch on April 14, 2014 to the same crime.

On September 3, 2018, the Defendant driven D Launa car at approximately 200 meters away from the road near the Roon-dong in Bupyeong-si to the end of Seocheon-si to the end of 136, while under the influence of alcohol content 0.134% during blood transfusion.

As a result, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle again under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. Previous convictions: Inquiry of criminal history, investigation report (verification of suspect's history of driving alcohol), and application of Acts and subordinate statutes of each summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Taking into account the fact that the Defendant committed the crime of drinking alcohol driving in this case under the condition that the Defendant had the same criminal history, and that the amount of alcohol concentration in the blood of this case reaches 0.134%, the Defendant’s responsibility for the crime is not less light.

However, there is no record of the defendant's wrong and there is no record of punishment exceeding the previous fine, the health status of the defendant, the background of driving the drinking of this case, the contents and frequency of the records of the same kind of crime, the circumstances after the crime, the age of the defendant, sexual conduct, family relationship, economic circumstances, etc.