A defendant shall be punished by imprisonment with prison labor 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 history] On September 24, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law at the Suwon District Court on September 24, 2010, and a summary order of KRW 1.5 million for the same crime in the same court on February 8, 2012. On August 20, 2015, the Defendant was sentenced to a suspended sentence of imprisonment in the same court on August 20, 2015 and was sentenced to two years for a crime of violating road traffic law (driving) at least twice.

[2] On April 17, 2018, at around 23:57, the Defendant: (a) driven a Dworke car while under the influence of alcohol leveling 0.158% in the 4km section from the 4km to the front intersection of the police box, among those inside the inside of the same city, where the trade name located in the jum of Pyeongtaek-si Eup/Myeon in Pyeongtaek-si, the Defendant, at around 23:57, was unable to know.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and images of CCTV images for crime prevention;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as reports on investigation and criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- there has been a history of being punished several times for the same crime, provided that the drinking of this case does not cause any particular traffic accident due to the driving of the drinking of this case. - The defendant is against his mistake, such as disposing of and driving a vehicle, etc.