A defendant shall be punished by imprisonment for not more than ten 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 May 28, 2009, the Defendant was sentenced to a suspended sentence of two years in October and two million won in the same court as the same crime on July 18, 2013 by a fine of two million won in the same court.

On October 12, 2017, under the influence of alcohol content of 00:40% in blood, the Defendant driven a 300-meter B car from the front day of the sub-lease in the Yong-dong of Gwangjubuk-gu to the front day of the sub-lease in the Yong-dong of the same city from the front day of the sub-lease in the Yong-dong of the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

1. Application of the statutes of the response request for appraisal;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the facts that there was three times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the following: (a) the level of alcohol during blood, driving distance, the Defendant’s age, sexual behavior, environment, circumstances after committing the crime; and (b) the period of punishment as ordered.