A defendant shall be punished by imprisonment for not less than eight months.

However, 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 March 8, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on March 8, 201, and a fine of KRW 1 million by the same court on December 27, 2016 as a crime of violating the Road Traffic Act (drinking driving).

On December 13, 2017, while under the influence of alcohol level of 0.082% among the blood transfusion around 13:30 on December 2017, the Defendant driven B cargo vehicle at a section of about 10 meters from the front of the new community hall located north of the window of Changwon-si from the front of the new community hall located north of Changwon-si.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (componing of summary orders with the driving force of drinking), and summary orders;

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished for the same kind of crime, has committed the instant crime.

Furthermore, traffic accidents have occurred during drinking driving.

However, the defendant's mistake is against himself/herself and does not repeat the crime; the alcohol concentration level in the blood at the time of drinking is relatively high; the defendant's age, sexual behavior, environment, drinking distance, circumstances leading to the crime, etc. shall be determined as ordered by the sentence in consideration of all the conditions of sentencing, such as the defendant's age, sexual behavior, environment, drinking distance, circumstances after the crime.