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 May 11, 2014, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the support for the safeness and childbirth of a water source method, and a fine of four million won due to a violation of road traffic law in the same court on December 11, 2017.

Although the Defendant had been punished twice or more due to drinking driving, on April 9, 2018, the Defendant driven C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C

Summary of Evidence

1. Statement by the defendant in court;

1. A paper of measurement of drinking alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Records of judgment: References to inquiries, investigation reports (Attachment to a copy of a summary order), and application of each summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 Act, including the observation of protection and the order to provide community service and attend lectures, has a record of having been punished several times due to a drinkingless driver's license in the past, and the nature of the crime is not good for the case where the driver's license was revoked due to a drinking driving.

However, in consideration of the fact that the defendant has no history of punishment of imprisonment or heavier, and that the defendant drives in the state of alcohol concentration of 0.1% during blood and the defendant shows an attitude against the mistake, etc., the punishment shall be determined as per the order.