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 March 15, 2013, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Branch Branch on March 15, 2013. On August 8, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on August 8, 2013. On March 26, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) and was sentenced to a penalty of KRW 1.5 million for a drunk driving on

On July 22, 2018, the Defendant driven B Lone Star vehicle under the influence of alcohol concentration of about 0.139% from around 300 meters in a section of approximately 300 meters, namely, from the upper road in Bupyeong-si, Seocheon-si to the 64rd-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Making teas;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report, and summary order;

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 among the blood of this case is 0.139% high.

There are three times the records of punishment of fines for the same crime.

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.