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

[Criminal Records] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating Road Traffic Act at the Seoul Eastern District Court on December 1, 2006 and a fine of KRW 1.5 million for the same crime at the Seoul Northern District Court on September 15, 2010.

[2] On August 5, 2017, the Defendant driven BM520-d automobiles from the 2km section to the 81st road of Sungnam-si, Sungnam-si, a 215-ro malan integrated sports ground, in a state of alcohol alcohol content of around 00:43 on August 5, 2017, while under the influence of alcohol content of 0.277%.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries 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. 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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

Although the defendant was punished for drinking driving, the defendant's crime is heavy in view of the fact that he/she drives a drinking while driving a drinking and the fact that the amount of alcohol concentration in blood is high.

The punishment shall be determined as per the order by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, circumstances after the crime, etc.