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 August 14, 2006, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on August 14, 2006, and a summary order of KRW 2.5 million for the same crime at the same court on December 30, 2009, respectively.

Criminal facts

On May 18, 2018, around 17:47, the Defendant driven “B” cargo vehicles owned by the Defendant under the influence of alcohol concentration of about 0.164% from the 3.5km section to the front road of the same Eup/Myeon, which is located in the vicinity of the Giriri Village reservoir located in the Jinan-gu, Seoan-gu, Chungcheongnam-gu, Chungcheongnam-do, Seoul Metropolitan area, and located in the 4-lane 2 of the same Eup/Myeon, from the front road of the same Eup.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for drinking driving) 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was found to have been subject to three times or punishment due to drinking, and the Defendant was also under the influence of drinking.

However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.