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 November 28, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine of KRW 1.5 million due to a crime of violating road traffic laws (drinking in writing) in the Gangseo-gu District Court Goyang Branch Office (hereinafter referred to as the "Guide-gu District Public Prosecutor's Office" in the indictment), and the same court on March 12, 2009 issued a summary order of KRW 3 million due to a crime of violating road traffic laws (drinking in drinking), and on August 20, 2009, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions after having been sentenced to a suspended sentence of two months for four months.

Nevertheless, around 03:00 on August 13, 2017, the Defendant driven a B-hand car under the influence of alcohol concentration of about 30 meters from the 30m section of alcohol level to 0.149% from the 30m section of the former elementary school at the end of 29:31 p.m. to the 13rd class of the same Gu with a joint signature of Eunpyeong-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Records of judgment: Application of an inquiry letter, investigation report (verification of the same kind of force) and other relevant Acts and subordinate 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 Social Service Order Criminal Act - the fact that the instant crime was committed at the same time despite the past record of each criminal punishment of three times (two times ad hoc punishment, one time a suspended sentence) due to drinking driving, the fact that the instant crime was committed, the significant degree of alcohol concentration among the instant blood transfusion - the fact that it seems to recognize mistake, and that considerable period has elapsed since the punishment for the suspended sentence of the same kind of food,