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 December 4, 2009, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (driving) at the Jeonju District Court on December 4, 2009, and was sentenced to a fine of 2 million won for the same crime in the same court on July 17, 2013.

[Criminal facts] On April 10, 2018, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.101% from a 300-meter section of alcohol during blood to a 300-meter distance front of a mutually aesthetic restaurant located in the Dong-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the front road of the electronic Ireland located in 1 A after the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. 112 A list of reported cases;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) 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 the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.

However, the punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family relationship, environment, background and result of the crime, and the circumstances after the crime.