A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 14, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic law in the early branch of the Chuncheon District Court, and on May 17, 2011, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

Although the Defendant had been punished for driving alcohol at least twice as above, he/she driven an Oral Sea without the alcohol level of about 0.278% in the section of approximately 100 meters from the air base under the 121-10m radius from the air base under the 121-10 Sincho-si level around October 2016, the Defendant driven an Oral Sea under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, survey report on actual condition, traffic accident photographs, and notification of the results of crackdown on drinking drivers;

1. Report on internal investigation (12 reporter C telephone communications);

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes in one copy, such as inquiry about criminal history, investigation report (verification of driving skills at least twice) and text of judgment;

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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has already been punished twice or more due to drinking driving, but has committed the instant crime. However, in light of the risk of drinking driving, the liability for the instant crime is not minor.

However, considering the fact that the defendant recognized the crime of this case and reflected the wrongness, the driving distance of drinking is relatively short and it seems that the risk of re-offending is not high by disposing of the ozone, the fact that the current state of the defendant's health is not good, and other various sentencing conditions, such as the defendant's age, sex, environment, circumstances of the crime, means and result, etc., the punishment as ordered, shall be determined by taking into account the following factors: