1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On April 26, 2012, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million for a fine in the same court on April 23, 2014, respectively.

The Defendant, as above, was in violation of Article 44(1) of the Road Traffic Act more than twice, driven a B EF Soon car at approximately 0.187% under the influence of alcohol in the 1km section from 20:37 on May 22, 2018 to 20:37 on the same city-Eup-Myeon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro.

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. Response to a request for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind) statute;

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 Defendant committed the instant crime again for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, despite the past record of having been punished three times due to drinking driving, and as a letter with high alcohol content during blood at the time of the instant crime, the risk of traffic accidents was substantial.

The punishment shall be determined by comprehensively taking into account various circumstances that form the conditions for sentencing specified in the records and pleadings of this case, such as the age, environment, sex, circumstances leading up to the crime, driving distance, and the circumstances after the crime, etc., in favorable circumstances, such as the fact that the defendant acknowledges and reflects all of the crimes of this case.