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

[criminal history] On April 12, 2012, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 2 million at the Seoul Central District Court on December 21, 2015 as a violation of the Road Traffic Act, in the Busan Central District Court’s Vice-Support on April 12, 2012, and a summary order of KRW 4 million by a fine of KRW 4 million at the Seoul Central District Court.

[Criminal facts] On September 22, 2018, the Defendant driven a mixed CR-V vehicle with approximately 200 meters distance from the non-cafeteria in the trade name in Bupyeong-si, Seocheon-si to the front of B in the same city under the status of 0.109% alcohol level among the blood transfusion around 00:04.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, the statement of the situation of the driver of the driving of alcohol, the report on the situation of the driving of alcohol, and the management of the report;

1. Making teas;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (same-class records), and application of summary order-related 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. An order to attend a lecture or circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is necessary to strictly punish the order in light of the risk of drinking driving.

The alcohol concentration in blood is high as 0.109%.

Although there are two times the history of the punishment of fine due to the same crime, the crime of drinking in this case has been committed.

The favorable circumstances: The mistake is recognized and reflected.

In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, driving distance, and circumstances after the crime, and various sentencing conditions shown in the theory of change.