A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 26, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on May 29, 2015, the same court received a summary order of KRW 4 million as a fine for the same crime.

Criminal facts

Although the Defendant had had a history of drinking twice or more, on August 31, 2018, at around 01:20, the Defendant driven a F-to-purd car in the state of alcohol 0.248% alcohol concentration at approximately 500 meters from the front line of “C” in Yansan-gu Seoul Metropolitan City to the front line of “E” in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstantial statements and investigation report of a host driver;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (not less than twice drinking records) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is that the Defendant, even though he had a record of two times or more due to drinking alcohol driving, was engaged in driving under the influence of drinking, and the drinking alcohol level is also very high.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the fact that the defendant is against himself, the fact that there is no record of the crime exceeding the fine, the age of the defendant, the circumstances and result of the crime, and the circumstances revealed in the pleading of this case after the crime