A defendant shall be punished by imprisonment for not less than eight 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 February 20, 2012, the Defendant received a summary order of KRW 2.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on April 14, 2014 to a fine for the same crime, respectively.

On November 7, 2018, at around 03:05, the Defendant driven a Category B motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.186% from a mutual influenite to the roads of the river park located in Samcheon-dong, Samcheon-gu, Seoul Special Metropolitan City.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of a summary order of the same kind to a suspect), and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture, despite the fact that the defendant was punished by a fine due to drinking driving in 2012 and 2014, was also driving under the influence of alcohol.

Considering the fact that drinking water is high, it is necessary to strictly punish the defendant.

However, considering favorable circumstances, such as the fact that the defendant does not commit a second offense, the occurrence of an accident, and the fact that the defendant has no record of criminal punishment exceeding the fine due to the same kind of crime or the crime of a second-class crime, the punishment shall be determined as ordered by taking into account all the sentencing conditions, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.