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 August 17, 2012, the Defendant was sentenced to a fine of KRW 1,50,000 as a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch of the Daejeon District Court on August 17, 2012, and a fine of KRW 2,50,000 by the Jeonju District Court on September 4, 2012 (driving).

On August 6, 2018, the Defendant, while under the influence of alcohol content 0.205%, driven a B rocketing car at the 30km section from the fright line to the Jinancheon-gun, Chungcheongnam-gu, Seoul Special Metropolitan City from the fright line to the Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Seoul Special Metropolitan City during the period from August 6, 2018.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the drinking control result, and report on the situation of a drinking driver;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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 reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service, and lecture attendance order have a record of being sentenced to a fine twice for a crime that includes drinking-driving.

Nevertheless, the crime of drinking driving in this case should be criticized.

In light of the fact that drinking water is very high and the driving of long distance on an expressway, the nature of the crime is not weak.

However, considering favorable circumstances, such as the fact that the defendant does not repeat a crime, the occurrence of traffic accidents, and the fact that the defendant has no record of criminal punishment exceeding the fine, the punishment as ordered shall be determined by taking into account the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.