1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On May 20, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Jung-gu District Court on August 27, 2008.

On August 12, 2018, around 22:59, the Defendant driven BM (SM) 6 automobiles under the influence of alcohol content 0.149% during blood while under the influence of alcohol from the front of the convenience store in the vicinity of the Seocho-gu Seoul Metropolitan Government, Chungcheongnam-si, Seoul Metropolitan Government, to the front of the convenience store in the Guri-si to the 31st day of the 31st road in the Guri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, Article 148-2 (1) of the same Act concerning the selection of punishment, Article 1 of the choice of imprisonment, and Articles 53 and 55 (1) 3 of the Criminal Act concerning the mitigation of ditches;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Courses is a convenient means of transportation. However, since it is a dangerous article that may be prone to dangerous weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In this case, the defendant has increased the risk of traffic accident by driving a motor vehicle under the influence of 0.149% alcohol concentration in blood, and the illegality of the crime is high.

In addition, the defendant had been punished three times due to drinking driving, but again committed the crime of this case.