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 October 12, 201, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving), a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the deputy branch of the Incheon District Court on November 26, 201, and a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (dacting driving) at the Incheon District Court’s Branch Branch on March 25, 2015 on March 25, 201, respectively.

On October 3, 2017, at around 06:51, the Defendant driven a motor vehicle with B money tank under the influence of alcohol content of about 0.121% in a section of approximately 300 meters from the front of a place where it is impossible to know in the summer-si of Busan Metropolitan City to the front of the 708 Enterprise Bank.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Arrest report on the occurrence of the case, report on the situation of the driving of the drinking, report on the situation of the driver of the drinking, and notification of the result of regulating drinking;

1. Previous convictions in judgment: Application of inquiries about criminal history, investigation reports (formers and confirmations), and copies of each summary order under statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service requires strict punishment in light of the risk of drinking driving. The high alcohol level among the blood of this case is 0.121%, the record and the change theory, such as the fact that there is three times a record of punishment for the same kind of crime (one time of traffic accident). The fact that the traffic accident is not caused, the motive and circumstance of the crime, the means of the crime, the circumstances after the crime, etc. are revealed.