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 October 17, 2013, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the source of a water source method on October 17, 2013, and was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the source of a water source method on August 10, 2016, and was punished for a crime of driving under the influence of alcohol at least twice.

On August 10, 2018, at around 22:25, the Defendant driven a C BB car at approximately 0.105% alcohol content in the section of approximately 300 meters from the street near the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the road front of the 420 fireworks church.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving a drinking driver, reports on the circumstances of a drinking driver, and inquiries about the results of regulating drinking;

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, once again driven alcohol despite the fact that he/she had been punished twice due to drinking.

It is inevitable to choose the sentence of imprisonment for the accused.

However, the defendant is not subject to criminal punishment in addition to a fine imposed twice due to driving of drinking, and there are circumstances to consider the situation of driving of drinking.

In addition, in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant, the punishment shall be determined as ordered.