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 August 10, 2001, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving), on November 28, 2003, the same court issued a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), on May 28, 2010 in the same court as the same crime, and on May 9, 201, in the same court issued a summary order of KRW 2 million for a fine of KRW 2 million for the same crime, respectively.

On April 26, 2017, the Defendant driven a B deemed-type car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.193% in blood, from around the front of the Suchip Transfer-dong-si, Suwon-si to the front road of the Juvenile Culture Center located in the same Dong from around 500 meters.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. A report on detection of a primary driver (the result of blood collection);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, and the Defendant did not cause other damages, such as traffic accidents.

The Defendant committed the instant crime.