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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 6, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on December 6, 201, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) at the same court on May 2, 2012.

[Criminal facts] On June 3, 2018, the Defendant driven a B-hand vehicle at approximately 2 km from the roads near gam reservoir located in the gambae in the gambae, 0.152% of alcohol content in the blood, around 15:25, to the new distance in the same city, while under the influence of alcohol, at around 0.152%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the same summary order);

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 sentencing of Article 62-2 of the Criminal Act, based upon the defendant's records of the same crime, the circumstances leading to the driving of the case, the driving distance and the degree of driving, the defendant's age, sexual conduct, environment, motive of the crime, circumstances after the crime, etc., shall be determined as ordered by taking into account various conditions of sentencing as shown in the oral argument, such as observation of protection, community service order and the order to attend a lecture.