A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 25, 2007, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of road traffic law (drinking driving), etc. by the Incheon District Court, and on January 20, 2009, the Defendant was sentenced to a fine of KRW 2.5 million due to the same crime, etc. by the same court.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving Cpoter cargo under the influence of alcohol leveling 0.208% from the portion of approximately 1.5km to the road near the original tri-distance located in the Geum River-ro 1776-31 on December 20, 2017, from the front side of his house located in Chungcheongnam-gun, Chungcheong-gun, Chungcheongnam-do on December 20, 201 to the roads near the original tri-distance located in 176-31.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A written appraisal;

1. Records of the judgment: Application of the inquiry letter, text of judgment, and summary order, such as criminal history, respectively;

1. Relevant provisions of the Act 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. The reason for the sentencing of Article 62-2 of the Criminal Act to protect and observe the order to attend a lecture and order to attend a lecture [a disadvantageous condition] The crime of this case is that the defendant, who violated the prohibition of drinking twice or more, once again, drives drinking again, and the nature of the crime is hot.

The alcohol concentration level in blood was significantly high.

As the crime of this case led to a traffic accident, the risk was realized.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

In addition, the instant traffic accident did not cause personal injury to others.

The defendant has no record of crime subject to criminal punishment after he/she was sentenced to a suspended sentence in 2010.

In addition, the defendant's age, reputation, health status, environment and family relationship, and all the sentencing conditions revealed in the trial process of this case, including the circumstances after the crime, etc. shall be taken into consideration as ordered.