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 August 23, 2011, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) from the Seoul Northern District Court on August 23, 201, and on March 16, 2012, a fine of five million won was imposed by the Seoul Northern District Court on the crime of violating the Road Traffic Act (drinking driving).

On June 27, 2018, around 04:50, the Defendant driven a Bncoo vehicle with a alcohol concentration of 0.143% 0.143% in the 1km section from the 130-way road of Dongdaemun-gu Seoul Metropolitan Government to the same Gu-ro 106-way road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving, indication of the numerical record of drinking, and report on the detection of the driver involved in driving;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation report (verification of suspect A's records);

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though the Defendant had been subject to two times punishment due to drinking driving, again committed the instant crime, and caused a traffic accident while driving under the influence of alcohol, and thus, it is necessary to make a strict punishment corresponding thereto.

Provided, That the punishment shall be determined as ordered in consideration of the fact that there is no criminal punishment other than twice a fine, the support for the parent, the reflective fact, etc.