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

On November 10, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 10, 2008, and on June 7, 2012, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

On May 18, 2017, the Defendant driven a B-learning car under the influence of alcohol leveling 0.159%, while under the influence of alcohol leveling 0.159% to the same 101 parking lot from the 2 Dong-dong, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul Metropolitan City.

As a result, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the volume of a crime (Article 55(1)3 of the same Act) (Article 53 and Article 55(1)3 of the same Act provides that the crime is not less than the liability for such crime, in light of the fact that the severity of the crime is repeated, the risk of repeating the crime, and the degree of drinking is 0.159%, but there is no record of punishment heavier than the suspended sentence due to the same crime until the crime is committed, or a traffic accident is not accompanied, or other circumstances,

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;