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 November 10, 2006, the Defendant issued, at the Incheon District Court, a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. on August 17, 2012, a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on August 17, 201, and a summary order of KRW 7 million due to a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on September 18, 2014, respectively.

On December 27, 2017, the Defendant driven the Cpoter-III cargo vehicle while under the influence of alcohol content of about 0.160% at a section of about 3km from around 16:25 to around 9:00 in the same city from the Gpoter-si Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Gpo District to the 3km of the same city.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous conviction: Application of the results of inquiry about criminal history, investigation report (Attachment, etc. of the same criminal record and summary order of the suspect), and copies of each summary order under 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 reason for sentencing under Article 62-2 of the Criminal Act - The defendant's mistake is recognized and reflected in the order to provide community service and attend lectures.

There is no history of punishment exceeding a fine.

- Unfavorable circumstances: the Defendant was sentenced to a fine on April 23, 2003 and March 7, 2006 due to driving under drinking on March 7, 2006, and was sentenced to a total of five fines due to driving under drinking, and was sentenced to a fine on two occasions due to driving without a license.

The Defendant repeatedly commits a crime of drinking, and the compliance consciousness on driving is very important if it is included in the licenseless driving.