A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 1, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Msan Branch branch on August 1, 201, and on August 21, 2015, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

On May 26, 2018, at around 06:30, the Defendant driven Bsch Rexton vehicle under the influence of alcohol content of about 500 meters from the 500-meter section from the side of the mouth in Changwon-si, Changwon-si, Changwon-si to the same new world Mtept, while under the influence of alcohol content of 0.116%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same type of force);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55-1-3 (1) 3 of the Criminal Act (influence, confession) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the sentencing of Article 62-2 of the Criminal Act provides that the defendant has the same record as the defendant for the reasons of sentencing, the fact that the crime of this case is recognized and reflected, there is no serious record of crime exceeding the fine, and the defendant's age, circumstances of the case, driving distance, etc. shall be taken into account and determined as the sentence as ordered.