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 October 25, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court’s Tongwon District Court’s branch on October 25, 2013, and on February 15, 2017, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Changwon District Court’s branch court’s branch court.

[2] On June 30, 2018, the Defendant: (a) driven a B-low-income motor vehicle under the influence of alcohol with approximately 0.135% alcohol concentration from the 1km section to the front road of the apartment in the S-si city, by finding from the front of the A-si Man-dong in the Gosi-dong on June 30, 2018, the Defendant was under the influence of alcohol at approximately 0.135%.

As a result, the Defendant once or more times driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous conviction: Application of a reply to inquiry, such as criminal history (A) and a copy of a 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 (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has been sentenced to a fine on two occasions due to driving under drinking, and the defendant's age, sex, criminal conduct, environment, health conditions, circumstances leading to the crime, means, results and the circumstances after the crime, etc. shall be determined as the same as the order of sentencing in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act.