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.

Criminal facts

[criminal history] On December 11, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on the same day. On July 5, 2012, the same court issued a summary order of KRW 5 million for the same crime.

[Criminal facts] On March 26, 2018, the Defendant driven B Oba in the section of about 100 meters away from the roads near the shooting distance of the registry office of the Suwon District Court, which was located in the 65 Silsan City court, to the roads near the 26th riro, in the shape of alcohol level of 0.214% among the blood transfusion around 03:45, the Defendant driven B Oba at the section of about 100 meters near the 26th riba.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order before driving the same kind of drinking and a summary order);

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 Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2008) (see, 201; Supreme Court Decision 2006Da1448, Apr. 2, 201))

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;