A defendant shall be punished by imprisonment for not more than ten 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 25, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeonju District Court on January 25, 2007. On January 22, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act in the support of the Southern District Court of the Jeonju District Court on January 22, 2013. On May 2, 2014, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving).

Criminal facts

On November 2, 2017, while under the influence of alcohol of 00:40% from blood, the Defendant driven a vehicle with a 1 kilometer of about 1 kilometer from the front of the GSS convenience store located in the Y-gu in Jeonju-gu, Seogjin-gu, Jeonjin-gu, Seoul to the front day of the apartment in Jeonju-gu, Jinjin-gu, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Notification of the results of regulating drinking driving;

1. Statement;

1. Previous conviction: Application of a written inquiry, such as inquiry about criminal history, and other 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. 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 suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has a record of being punished several times due to drinking driving, and among them, there is a record of being sentenced to a suspended sentence.

Nevertheless, the defendant, who gets involved in driving under the influence of drinking, is subject to criticism.

However, the punishment as ordered shall be determined by comprehensively taking into account all the various circumstances shown in the arguments of this case, such as the fact that the defendant is against the defendant, the defendant was in the first time when he was unable to drive by proxy, the fact that ten or more years have passed since the above suspended sentence was sentenced, the defendant's age, sex, family relation, environment, circumstances after the crime, etc., and the circumstances after the crime.