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

【The Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on December 12, 2008. On May 11, 2012, the Seoul Southern District Court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving), and on October 18, 2013, the Seoul Southern District Court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Seoul Southern District Court.

【Criminal facts” around November 17, 2017, the Defendant driven a B Kazon vehicle under the influence of alcohol leveling 0.168%, while under the influence of alcohol leveling 0.168% from the front day of Seongdong-gu Seoul, Seongdong-gu, Seoul, to the front day of Yongsan-gu 1-ro 25’s “Oin Water Elementary School” to the front day of Yongsan-gu 369’s “Oil Industrial Complex.”

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Although the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had three times the record of punishment of a fine due to driving under drinking, the fact that the defendant was in contact with the defendant while driving under drinking is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant led to his/her confession of a crime and divided his/her mistake, the fact that there is no record of punishment more than a suspended sentence, and the defendant's age, sex, environment, motive and circumstance of a crime, and the circumstances after a change in the course of the crime.