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

[criminal history] On December 16, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of road traffic law at the Seoul Northern District Court (drinking driving). On January 13, 2011, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of road traffic law (drinking driving) at the Jung-gu District Court.

[2] On July 23, 2017, the Defendant driven D Poter Cargo with about 600 meters alcohol concentration from the parking lot of the Dong-Eup Community Center No. 97, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Seoul, to the parking lot of the two MUB apartment. From about 600 meters to about 0.256%, the Defendant driven D Poter Cargo with alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, and a survey report on alcohol during blood;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (the reflective points, the driving distance of drinking is about 600 meters, and the same kind of criminal record or higher in the suspension of execution is considered);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times before and after drinking alcohol driving, and four times before and after the violation of road traffic laws. At the time of the instant case, the alcohol concentration in the blood was considerably high by 0.256% (0.255% during the blood transfusion due to respiratory measurement) and there are unfavorable circumstances that are crimes during the suspension of execution.

However, it is merely about 600 meters in the distance from which the Defendant originally intended to drive, not the reduced driving distance due to the control that it was against the opposite and about 600 meters of drinking driving distance (the distance from the point of departure to the port of destination). It is considered as a favorable reason for sentencing;

Punishment shall be determined in consideration of the fact that there are no criminal records of the same kind or higher, and crimes committed during the period of suspension of execution, but were the period of suspension of execution.