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 July 27, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 27, 201, and on April 19, 201, a fine of KRW 6 million for a crime of violating the Road Traffic Act at the same court on April 19, 201, and there is electricity of violating Article 44(1) of the Road Traffic Act at least twice.

On June 17, 2018, at around 08:50, the Defendant driven a B-tem motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration at approximately 0.189% from the road located in the Myeonc-gu Seoul Central Government, Jung-gu, Seoul to the same 566-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, making an explanation about the details of crackdown, and making an inquiry about the control of drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related 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. Despite the fact that an order to attend a lecture and an order to attend a community service order had been subject to two times punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant again committed the instant crime. The Defendant had a high drinking value at the time of committing the instant crime, and the Defendant was under the influence of driving a vehicle on the road while driving under the influence of alcohol, thereby hindering the flow of the vehicle and causing the risk of subsequent accidents.

It is necessary to strictly punish the accused.

However, the defendant does not have any criminal punishment for not more than twice a fine, and when returning to Korea an acting driver, an acting driver who gets a relatively short distance from the defendant after he or she applied to the defendant, the punishment as ordered shall be determined in consideration of the fact that the driver drivess a relatively short distance from the match, and reflects it.