A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 2, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), the electronic summary order of KRW 1.5 million for a fine of KRW 1.5 million for the same crime from the Jinwon District Court’s Jinju branch on April 16, 2014, and the electronic summary order of KRW 6 million for a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court’s Jinju branch on August 5, 2014, respectively.

[2] On July 2, 2017, the Defendant, while under the influence of alcohol 01:35% during blood transfusion, driven the KT&&W in the same Dong located in the front of the Jinju-si located in the same road as the Jinju-si, while under the influence of alcohol 0.145%, from around 200 meters to the G front road.

Accordingly, the Defendant violated it more than twice even though he was prohibited from driving a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. A response to a request for appraisal (a written appraisal of alcohol during blood);

1. A report on detection of a primary driver (the result of blood collection);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: majority of criminal records of the same kind (criminal punishment) - Circumstances favorable to him/her: A confession of a crime, reflectivity, or no criminal record of the same kind of suspended execution;