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 April 23, 2007, the Defendant is a person who has a record of punishing drinking drivers two times or more, such as being sentenced to a fine of one million won or more due to a violation of road traffic law (drinking driving) at the Gangnam branch of the Chuncheon District Court on April 23, 2007, and a fine of 1.5 million won or more due to the same crime in the same court on July 26, 2013.

On July 6, 2017, the Defendant driven B SP car under the influence of alcohol concentration of 0.09% in alcohol level on the road front of the tunnel, from around the same Do to the 35-1 in the Dobong-gu, Pakistan-gu, Seoul Special Metropolitan City from around 00:10 on July 6, 2017, the Defendant driven the B SP car under the influence of alcohol concentration of 0.09% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the previous 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the degree of alcohol concentration, the background and distance of drinking driving, the defendant's history of punishment for drinking alcohol, etc. during the blood of this case;