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 April 2, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on the summary order, on June 25, 2008, a fine of KRW 4 million for a crime of violating the Road Traffic Act, etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on June 25, 2008, and on October 21, 2010, the Defendant was sentenced to a fine of KRW 8 million for a crime of violating the Road Traffic Act.

On May 16, 2018, at around 23:19, the Defendant driven a BKaf car under the influence of alcohol content of approximately 0.159% from the 300M section to the front road of the flying underground passage in the 228th Seogu Seo-gu, Seo-gu, Seoul.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 Code of the Order to Attend the lecture of this case is that the defendant committed the crime of this case at once, even though he had the record of punishment of fine due to drinking driving at least four times, drinking high, and the defendant is against the time of the crime of this case, there is no record of punishment exceeding the suspension of execution, and all other circumstances, including the defendant's age, sex, sex, environment, motive and background of the crime, means and consequence, etc., and the conditions for sentencing specified in the arguments of this case, including the circumstances after the crime, shall be determined as the sentence of this case as ordered.