A defendant shall be punished by imprisonment for not less than eight 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 September 7, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon Branch, and a summary order of KRW 3,50,000 as a fine for the same crime of the Ulsan District Court on March 16, 2016.

On January 2, 2018, at around 03:55, the Defendant driven a BA6 vehicle with approximately 50 meters alcohol concentration 0.131% while under the influence of alcohol on the part of approximately 50 meters from the merchant’s bar located in the same Dong-gu merchants’ Dong-gu, Daegu-gu, Daegu-gu, and the same on the road in front of the NAmama.

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. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. 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 under Article 62-2 of the Criminal Code of the Order to Attend the lecture has already been punished for drinking driving twice or more, but the Defendant committed the instant crime, and the drinking volume is not low. Meanwhile, the Defendant is against the time of the instant crime, and there is no particular criminal history other than the fine for the same kind of crime, and the Defendant’s age, sex, sex, environment, motive, background, means and consequence of the instant crime, and all other circumstances constituting the conditions for sentencing as shown in the argument of the case, including the circumstances after the crime, etc., shall be determined as the sentence as indicated in the order.