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 April 15, 2009, the Defendant issued a summary order of a fine of two million won or more for a crime of violating road traffic law (drinking driving) in the Goyang Branch of the Jung-gu District Court on April 15, 2009, and a summary order of five million won or more for the same crime in the same court on February 22, 2013.

On January 7, 2018, the Defendant driven a BM7 car under the influence of alcohol with approximately 0.160% alcohol concentration at around 300 meters from the front of the parking lot in the Geum-ri Women's Center located in the Geum-dong, Geumju-si, Geum-si, Geumju-si, to the front road in the same Dong, and again driven a BM7 car under the influence of alcohol content at around 0.160%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of alcohol, a statement in the circumstances of the driver making the alcohol, and a statement of alcohol alcohol during blood;

1. Application of a reply to inquiry, such as criminal history, a report on investigation (a summary attachment of an order), and a summary order, to two Acts 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. 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 under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had been subject to two times of criminal punishment due to the violation of the Road Traffic Act, and the alcohol concentration in blood at the time of the instant crime is 0.160%, and its numerical value is high, and there are no special circumstances to consider in the process of the instant crime, and driving under the influence of alcohol is a crime that may cause serious damage to another person’s life, body, or property as well as his/her own, and that there is a need for the corresponding punishment.

However, the fact that the defendant recognizes the crime of this case and is against the defendant, and there is no record of criminal punishment exceeding the fine.