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 January 6, 2005, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on the same day, and on February 27, 2009, the above court received a summary order of 1.5 million won for a crime of violating the Road Traffic Act (driving), and the previous conviction of drinking is more than once.

Criminal facts

On April 1, 2018, at around 00:40, the Defendant driven B New Airport XG car with approximately 0.118% alcohol concentration in the 3km section of approximately 4.18% around the underground parking lot of the same 51-o-ro 56-o, Chungcheongnam-gu, Songpa-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (formers and confirmations), and statutes;

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. 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 grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order include the fact that the defendant was subject to the criminal disposition due to multiple drinking drivings, the fact that the defendant was subject to the criminal disposition several times by driving without license, the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., and the sentence like the order shall be determined by comprehensively taking account of the conditions of sentencing