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 August 28, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Incheon District Court on August 28, 2007, and KRW 1.5 million as a fine in the Sungnam Branch Support of Suwon Friwon on September 14, 2007.

On September 21, 2018, the Defendant driven a B observer car under the influence of alcohol content of approximately 0.105% from a section of approximately 1 kilometer from around 21, 2018 to around 376-72, a 376-gil, a factory, and from the front of the factory to peace in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of power, etc.);

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 reasons for 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 have increased the risk of traffic accidents by driving a motor vehicle in a relatively high state of alcohol content 0.105% at the time of the instant crime. Therefore, the illegality of the instant crime is high.

In particular, even though the defendant had been punished twice due to drinking driving in the past, he again committed the crime of this case, and there is a heavy punishment to prevent repeated recidivism.

However, considering favorable circumstances, such as the fact that the defendant recognized all of the crimes in this case and there is no record of punishment exceeding the fine, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.