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

[criminal history] On October 16, 2008, the Defendant was issued a summary order of KRW 1.5 million at the Ulsan District Court to a fine of KRW 1.5 million on June 17, 201, a fine of KRW 4.5 million in the same court due to the same offense, and a fine of KRW 5 million in the same offense at the Busan District Court on May 27, 2015.

[Criminal facts] On March 15, 2018, the Defendant driven C-L Trac Track freight at approximately 200 meters alcohol concentration from the front parking lot of SK and the front road of the same Eup/Myeon from the 1170-50-ro, the center of the Macheon-gun, the Macheon-gun, the Macheon-gun, the Macheon-gun, the head of which was under the influence of alcohol concentration of about 0.133% in blood while under the influence of alcohol level from the 200-meter section to the roads of the Macheon-gun.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol once more than twice, even though he violated the prohibition of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the same kind of records), each summary order and copy of the judgment, and the application of statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62(1) of the Criminal Act on the stay of execution (The following factors are considered to be more favorable to the defendant among the grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant committed the instant crime of the same kind, despite the fact that the Defendant had been punished on two or more occasions due to drinking alcohol driving, and the quality of such crime is not good, the Defendant’s blood blood concentration is high, and the Defendant’s liability is not less strict in light of the frequency and content of the same criminal records.

However, the defendant's mistake is recognized and is in depth against himself.