1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million for the same crime in the same court, respectively.

On May 6, 2018, the Defendant driven a c-cap vehicle under the influence of alcohol content of about 4km from around 21:11 to around 203 in Yang-si, Yang-si, Pyeong-si, Yang-si, to the end of the 203-wing-ro, in a state of alcohol alcohol content of about 0.098%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the Criminal Act include: (a) the Defendant committed again the instant crime even in the past, even though he had been subject to two times punishment due to drinking driving; and (b) the Defendant recognized all the instant crime and reflects on it; and (c) the Defendant’s age, environment, sex behavior, circumstances leading to the instant crime, driving distance, and conditions for sentencing specified in the instant records and arguments, including the circumstances after the instant crime.