A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 24, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on August 5, 2013, respectively.

On November 11, 2018, around 21:16, the Defendant driven an Eclveing Conver vehicle under the influence of alcohol content of about 0.216% from the C cafeteria in Boan City B to D 1km in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of summary order-related Acts and subordinate statutes;

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

1. Selection of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is three same kinds of criminal records to be recommended, but it is necessary to make a strict punishment in principle in light of the unfavorable circumstances, such as the fact that the person repeats the crime with a very high drinking level and caused an accident.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the reflection of the fact, the fact that there is no substantial damage to others caused by the crime, the fact that there is no penalty exceeding the fine, and the fact that social ties are clear.