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

[criminal history] On June 21, 2007, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court of Daejeon, and on August 13, 2010, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law (driving) in the same court.

[2] Around August 17, 2017, the Defendant, at least twice in violation of Article 44(1) of the Road Traffic Act, was driving B in the state of alcohol alcohol concentration from approximately 200 meters from the entrance of the apartment site in the south-gu Seoul Metropolitan City, Yancheon-gu, the Seoul Metropolitan City, to the 106 front road of the apartment site through the 106 front road of the said apartment site, even though there was a history of violating Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of crackdown on drinking;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. An explanatory note;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 crime of drinking alcohol is committed even though there has been a history of being punished several times due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act. However, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, sex, health status, family relationship, motive and means of the crime, circumstances after the crime, etc.