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 August 27, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court, and on November 11, 2010, issued a summary order of KRW 3.5 million as a fine by the same court.

On September 18, 2017, while under the influence of alcohol 0.239% among blood transfusions, the Defendant driven CA car in the section of approximately 4 km from the high-forest convenience store in Jeju-si, Han-si to the center of the same Eup 53 and the long-distance in the Han-si Office of Han-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking, and a report on the results of crackdown on drinking driving, and a survey report on actual condition;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, once he/she had been punished as a crime of drinking alcohol even though he/she had a record of around 2002, in addition to the records of drinking driving as indicated in the judgment, he/she again drives drinking. The possibility of criticism is very high.

In addition, the alcohol concentration in blood is very high, and the vehicle of another person who was parked in the signal atmosphere while driving in such drinking condition was also collisioned.

On the other hand, the defendant seems to be against the defendant, and he does not drive drinking again.

In addition, various conditions of sentencing, such as the time and contents of punishment for the immediately preceding crime of driving drinking, the duration of the crackdown in this case, the age of the defendant, sexual conduct, environment, circumstances after the crime, etc., shall be considered.