1. The defendant shall be punished by imprisonment for eight 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;

3.

Punishment of the crime

On September 2, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and on August 4, 2016, the same court received a summary order of KRW 1.5 million as a fine for the same crime.

Although the Defendant had been punished twice due to driving of alcohol as above, the Defendant driven C rocketing car in the state of alcohol concentration of 0.092% in the five-meter section before the Southern-si, Namyang-si around July 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, Article 148-2 (1) of the same Act concerning the selection of punishment, Article 1 of the choice of imprisonment, and Articles 53 and 55 (1) 3 of the Criminal Act concerning the mitigation of ditches;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Courses is a convenient means of transportation. However, since it is a dangerous article that may be prone to dangerous weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In this case, the defendant had increased the risk of traffic accident by driving a motor vehicle under the influence of 0.092% alcohol concentration in blood, and caused a traffic accident by shocking the motor vehicle located on the back, and the illegality of the crime is high.

In addition, the defendant committed the crime of this case again even though he had been punished twice due to drinking driving in the past.