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

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

Punishment of the crime

On June 10, 2008, the Defendant was issued a summary order of KRW 5,00,00 as a fine for a violation of road traffic law (driving) at the Seoul Southern District Court on the grounds of a violation of road traffic law at the Seoul Southern District Court, and on November 7, 2012, the Defendant was issued a fine of KRW 1,50,000,00, respectively.

On September 2, 2017, the Defendant driven a B 4 kilometer truck from the Busan IC, which was under the influence of alcohol by 0.158% during blood transfusions, to the 250 km and front of the opening of the Hongk Hospital in Yangcheon-gu Seoul National Assembly, as Seoul National Assembly.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant drives the fifth drinking, and the drinking value is relatively high, etc. that are disadvantageous to the defendant.

However, there are favorable circumstances such as the absence of criminal records other than drinking driving, the concentration of penalties in a short period of time, and the defendant's living with a certain workplace.

Comprehensively taking account of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the age and health of the accused, the execution of the sentence is suspended on condition that the accused is punished by imprisonment with prison labor, but subject to community service and participation in compliance driving lectures.

It is so decided as per Disposition for the above reasons.