A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal history] On April 4, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime from the Daegu District Court Kimcheon on April 12, 2016, respectively.

[2] Although Defendant 1 had the record of criminal punishment twice or more due to driving of alcohol, Defendant 2 driven B rocketing car under the influence of alcohol content of about 50 meters from the front of the Vietnam-ray in the Gu-Simdong on June 16, 2017, to the front of the Gu-Simn City court in the same Dong from around 0.14% of alcohol level, even though he had the record of criminal punishment due to driving of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to attend a lecture or the order to provide community service is that the Defendant’s blood alcohol concentration is relatively high at the time of the instant crime.

The defendant has already been subject to criminal punishment four times due to driving of alcohol and one time due to the refusal of measurement of drinking.

However, the defendant reflects on the crime of this case.

The defendant has no record of criminal punishment exceeding a fine due to the crime of drinking driving.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.