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

On August 8, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving), which was sentenced to a suspended sentence of two years, and on June 25, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court.

On October 19, 2017, while under the influence of alcohol level of 00:10% from around 00:10, the Defendant driven one ton cargo vehicle B in the 100-meter section from around the Do in front of the summer-gu, Jin-gu, Jin-si, Jin-si, Kimhae-si at the lower limit of the rest area, or from around the Do in front of the lower limit of the river at the lower limit of 100 meters at the lower limit of 100 meters at the entrance of an agro-industrial complex.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on detection of the driver;

1. Response to a request for appraisal;

1. Previous convictions in the judgment: (A) a written reply to inquiry, such as criminal history, (A) a District Court Decision 2007 High Court Decision 630, Jinwon District Court Decision 2008No1708, and the application of statutes of the judgment of the court below;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the Defendant again committed the instant crime even though he had a record of punishment four times (including a practical punishment once and a stay of execution once) due to driving without a drinking license, and the drinking value is very high.

However, the defendant is against the defendant, has not been subject to criminal punishment for the last nine years, and the driving of drinking did not lead to an accident.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the following circumstances in the records and arguments, such as the age, sex, environment, motive of the crime, circumstances after the crime, etc.