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.

On April 28, 2014, the Defendant was sentenced to a summary order of a fine of KRW 5 million for a violation of road traffic law (driving), etc. at the Jung-gu District Court on April 28, 2014, and on January 28, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a violation of road traffic law (driving) at the Jung-gu District Court on January 28, 201.

Criminal facts

On March 29, 2018, the Defendant driven a sports vehicle B in the distance of approximately 100 meters from the day from the day on which the Plaintiff was under the influence of alcohol 0.113% during blood transfusion to the day on which the Plaintiff was under the influence of alcohol 0.113%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. An explanatory note;

1. Investigation report (agency driver C telephone conversations), investigation report (whether or not the suspect drives and distance, etc.);

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes concerning investigation reports (related to criminal history);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant driving a vehicle under the influence of alcohol, even though he/she was subject to criminal punishment five times (four times a punishment, four times a suspended sentence, one time a suspended sentence), and if so, he/she is under the influence of alcohol.

However, the defendant recognized the crime of this case and reflects his mistake and did not keep the distance from driving under the influence of alcohol, etc., considering the circumstances favorable to the defendant.

In the above circumstances, the records and trial process of this case, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.