A defendant shall be punished by imprisonment with prison labor 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

[criminal history] On January 28, 2014, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on September 5, 2014, respectively.

[Criminal facts] On April 10, 2018, the Defendant driven Croping cars under the influence of alcohol content of 0.116% from the roads near the public terminal located in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-do to the roads in front of the Gyeongdong Village, which is located in the shooting distance from the roads near the public terminal located in Hagu-gu, Chungcheongnam-gun, Chungcheongnam-do.

As a result, the Defendant was punished for not less than twice due to drinking, but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order 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. Sentence 62-2 of Article 62 of the Criminal Act of an order to attend a school shall be imposed by selecting a prison term of imprisonment at a time, taking into consideration the defendant's records of driving alcohol (or four times in total if such term includes long

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.