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 22, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Seogwon District Court Branch on August 22, 201, and a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) at the Changwon District Court on February 29, 201.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on October 9, 2018, the Defendant was under the influence of at least 0.122% of alcohol during blood transfusions around 00:20 on October 9, 2018, the Defendant driven B, from the Do in front of the sale line restaurant located in the Northern-dong, the 87-ro 2nd heading from the Do in front of the sale line restaurant located in the north-dong at the port to the 500-meter front of the road at the same end.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A report on internal investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on the confirmation of criminal history of the same kind of crime);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (with the history of punishment for three times due to driving under drinking, it again leads to the instant crime, other than the fact that traffic-related criminal records, such as driving without a license, are not substantial, and consideration is considerably high in the volume of alcohol concentration during the instant blood transfusion, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 201Da1448, May 2

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;