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 October 8, 2008, the Defendant was sentenced to a fine of 3,500,000 won due to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on the grounds of a violation of the Road Traffic Act, and on November 13, 2008, the Defendant was sentenced to a suspended sentence of 2 years on the grounds of a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 13, 2008 and was sentenced to a suspended sentence of

On May 28, 2017, around 03:50, the Defendant driven B-car under the influence of alcohol content of 0.151% at a 1km section from around 221, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to around 683-105, Yongsan-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the imposition of an order to provide community service and attend a lecture is not only high risk of traffic accidents but also high risk of recidivism in the case of drinking by affecting people's physical exercise ability, and the defendant has been punished four times due to drinking including a suspended sentence, and the defendant has again driven alcohol, and the defendant's drinking level is very disadvantageous.

However, in light of the fact that the defendant did not repeat the crime of this case while going against the crime of this case, the defendant tried to use his proxy driving, but did not receive a substitute driving, leading to the crime of this case. The defendant was not punished by drinking or driving without a driver's license after 2008, and the defendant was not punished by drinking or driving after 2008, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, conditions after the crime, etc., shall be determined as per the order