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 February 1, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on February 1, 2010. On March 29, 2012, the Defendant was sentenced to a suspended sentence of six months with imprisonment for the same crime at the Suwon District Court's Port Division.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on May 12, 2018, the Defendant driven a B-learning car from the road front of the shooting distance in the south-gu East Sea at the port of port, in the state of alcohol level of 0.169% at around 22:45 on May 12, 2018 to the road front of the same Mancheon-ro 10 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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 previous record of punishment twice due to drinking driving, consideration shall be given to the fact that the instant crime was committed again despite the fact that the blood alcohol concentration is considerably high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201);

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

1. The community service order under Article 62-2 of the Criminal Act;