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 was punished by a fine of KRW 2.5 million by a fine of KRW 2.5 million by a road traffic law violation at the Chuncheon District Court on February 12, 2007, and a fine of KRW 2 million by a fine of KRW 2 million by the same court on December 7, 2010.

[2] On July 28, 2018, the Defendant driven a B-owned car under the influence of alcohol concentration of about 0.207% in a section of about 200 meters from the 196-ro, Seocheon-si, Seocheon-ro, Seocheon-ro, 196, to the front day of the E-ray convenience store located in Switzerland-si, 196.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of an inquiry inquiry replys, such as criminal history, and an investigation report (Attachment to a summary order of force such as drinking driving);

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had a record of being punished for a traffic-related crime by driving alcohol in 2007 (the criminal year in 2006) and 2010; (b) the Defendant committed the instant crime even though he/she had a record of being punished for a traffic-related crime, such as driving without a license in 2007; (c) the Defendant’s blood alcohol concentration is very high; and (d) the Defendant’s blood alcohol concentration was a letter of high level at the time of driving alcohol at the previous alcohol level.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, and the crime of this case does not cause any more severe result due to a simple driving of drinking, and the defendant is willing not to drive again.