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] The Defendant was sentenced to a suspended sentence of 8 months in the Seoul Northern District Court on April 28, 2010 to a fine of 8 million won in the same court due to the same crime on May 30, 2012.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a BS-type car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.152% from the 20-meter section of alcohol to the road in front of 373, on December 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Whether drinking testing records are kept;

1. Previous convictions in judgment: References to inquiries, investigation reports (report attached to the previous summary order, etc. thereof), and application of each statute of the judgment;

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

1. Selection of imprisonment with prison labor chosen;

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 fact that an order to attend a lecture or an order to provide community service is capable of being punished for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but it again leads to the instant crime, taking into account the circumstances surrounding the driving of alcohol, and the driving distance of drinking is not long.