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

【Criminal Records of Crimes】 On July 9, 2007, the Defendant was sentenced to a summary order of KRW 2,000,000 to a fine for a violation of the Road Traffic Act at the Seoul Central District Court, the summary order of KRW 2,500,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul East District Court on September 29, 201, and the summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act at the Seoul Western District Court on September 5, 2013.

【Criminal facts” around 07:46 on May 18, 2018, the Defendant driven a B golf car under the influence of alcohol content of about 0.122% from the 50-meter section of blood at around 500 meters to the front road of the west branch church located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul at around 07:48 on the same day.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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. It is also true that the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order does not need to be sentenced in light of the fact that the defendant was punished by drinking alcohol on several occasions, and that the defendant was sentenced to a fine and a suspended sentence, even though there was the enemy who was sentenced to a suspended sentence, could not be severed from the crime.

In this regard, the defendant had been living without being subject to any criminal punishment for about five years from the date of driving of the last criminal record, and the defendant together with his parents.