A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On April 9, 2014, the Defendant received a summary order of KRW 2.5 million from a fine on the grounds of a violation of road traffic law (driving), and on November 23, 2012 from the same court, the same court issued a fine of KRW 7 million for the same crime.

[2] On March 11, 2018, the Defendant: (a) was a person who violated the drinking prohibition provision on two or more occasions; (b) was driving a car under the influence of alcohol while under the influence of alcohol with approximately 0.076% of alcohol in the section of about 200 meters from the street in front of the Sin-si Sin-si Si Sin-si Sin-si Sin-si, to the same Sin-si to the 180-day road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of power, etc.);

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: Ten months of imprisonment with prison labor and two years of suspended sentence, despite the fact that the defendant had been punished for driving under drinking, and that the defendant again committed the crime of this case is disadvantageous.

The defendant's mistake is recognized and will not repeat the crime.

In addition, the defendant's age, sex, living environment, family relationship, blood alcohol concentration, distance from alcohol driving, circumstances after the crime, and other conditions for sentencing specified in arguments shall be considered in light of the circumstances favorable to the defendant's age, sex, living conditions, family relationship, and the punishment as stated in the order shall be determined.