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 December 22, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on December 22, 2006, and on December 18, 2008, issued a summary order of KRW 1.5 million for the same crime at the Seoul Central District Court on December 18, 2008 and violated Article 44(1) of the Road Traffic Act more than twice.

On November 27, 2017, the Defendant driven a radar car under the influence of alcohol with approximately 500 meters alcohol content of 0.241% in blood from the Do located in Geumyang-si, Jinyang-si, Jinyang-si to the same Do road in front of the same city 973.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. A written appraisal of alcohol during blood;

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. On-site photographs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 of Article 62-2 of the Criminal Act on community service and lecture attendance order lies in the past that the defendant was punished for drinking three times in the past, and the alcohol concentration in blood is very high by 0.241% at the time of the crime of this case, and the defendant suffered an accident while trying to turn to the left immediately on the right-hand lane while driving in the drinking condition. It is recognized that there is an unfavorable circumstance such as the poor nature of the crime.

However, there are favorable circumstances, such as the fact that the defendant acknowledges and reflects all of the crimes of this case, and the defendant's age, sexual conduct, environment, motive and means of crime, and results, etc., are considered in the arguments of this case and sentenced as ordered.