A defendant shall be punished by imprisonment for not less than nine 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 December 4, 2007, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), a fine of KRW 2.5 million in the same court on January 21, 2010 for a violation of the Road Traffic Act (drinking driving), and on January 21, 2013, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving), on more than two occasions on more than two occasions, on July 27, 2017, while the Defendant violated the prohibition of drinking regulations on drinking, on more than 379-1 square meters in the number of drinking hours, from the front day of a restaurant near normal 379-1 U.S., to the end of “DC marina”, and carried a siren driving of a car with approximately 500 meters alcohol level to 00 to 07.3% alcohol level in the front day of “DC marina”.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of the inquiry letter, summary order, etc., such as criminal history, and three copies of the Act and subordinate 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing conditions under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, community service and order to attend lectures shall be determined as ordered in consideration of the following circumstances and other conditions of sentencing, including the Defendant’s age, occupation, family environment, the Defendant’s blood alcohol concentration at the time of committing the instant crime, the interval between the same criminal record and the instant criminal record, and the time frame for committing the instant crime

Unfavorable circumstances: The defendant's previous driving of drinking is four times, and the previous driving without a license is also two times, and other favorable circumstances such as the fact that the defendant recognized and reflected the crime, the driving distance of drinking is relatively short, and the defendant disposed of the motor vehicle as indicated in the judgment.