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] The Defendant is a person who was issued a summary order of KRW 2,50,000,000 by a fine for a violation of the Road Traffic Act (dacting driving) at the Goyang Branch of the Jung-gu District Court on August 16, 2013, and a fine for a violation of the Road Traffic Act (dacting driving) at the Seoul Central District Court on November 13, 2015.

[2018 Highest 2841] On August 12, 2018, the Defendant driven a Cbenz car under the influence of alcohol of 0.125% from the 240-meter section of alcohol from the 38-lane in Seodaemun-gu Seoul, Seoul, to the 38-3rd roads in the same annual length.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle under drinking in violation of the prohibition on drinking.

[2018 Highest 3195] Around 08:50 on July 17, 2018, the Defendant driven a Cbenz car with about 0.06% under the influence of alcohol from around 100 meters from the 706-19, Gangnam-gu, Seoul, to the road front of 706-10, 300, 706-10, 201.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle under drinking in violation of the prohibition on drinking.

Summary of Evidence

[2018 Highest 2841]

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is in charge of driving, and notification of the result of regulating the driving of alcohol (2018 high group 3195);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main place of business:

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: Three times the records of punishment for drinking driving, including previous convictions in the judgment.