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 July 13, 2010, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Southern District Court due to a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 10 million by the Incheon District Court due to a crime of violating the Road Traffic Act (dacting driving), etc. on August 27, 2012.

On May 6, 2018, the Defendant was under the influence of alcohol concentration of 0.107% from blood transfusion around 22:00, and the Defendant was able to drive B Poter vehicle in front of the apartment complex construction site in the middle village of Kimpo-si, Kimpo-si, Kimpo-si.

As a result, the Defendant, who has violated drinking two times or more, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (formers and attachment of the judgment), copy of the judgment, and 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. An order to attend a lecture or circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is necessary to strictly punish the order in light of the risk of drinking driving.

The alcohol concentration among the blood of this case is 0.107% high.

There are two times the records of punishment of fines for the same crime.

The favorable circumstances: The mistake is recognized and reflected.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the motive and background of the crime, driving distance, circumstances after the crime, etc. and various sentencing conditions shown in the theory of change.