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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 23, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 2 million for the same crime in the same court on December 21, 2009, and a summary order of KRW 3 million for the same crime in the same court on January 5, 2012.

On July 12, 2017, the Defendant driven a B Poter Cargo Vehicle under the influence of alcohol content of about 0.214% in a section of about 500 meters from the front side of the mountain road to the front side of the road located in about 1730 meters from the front side of the mountain road in the direction of the 19:20-ro, Macheon-gun, the Youngcheon-gun, the Youngcheon-gun, the Macheon-gun, the Defendant around 19:20 to the front side of the road.

Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Records of crime: References to inquiries, such as criminal history, investigation reports (Evidence List No. 15), and the application of attached documents and statutes;

1. Relevant provisions of the Act 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. The reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) of the Act on the Protection and Observation of Education and Order to Attend the crime of this case is that the defendant, who violated the provision prohibiting driving of drinking at least twice, once again drives drinking, and the nature of the crime is hot.

The alcohol concentration in blood was significantly high by 0.214%.

The crime of this case occurred as a traffic accident and the risk was realized.

In addition to the criminal records of the defendant's judgment, many punishments have been imposed for driving of alcohol, refusing to measure drinking, or non-licensed driving.

[The favorable circumstances] The Defendant committed the instant crime and shown his attitude to repent of his mistake.

Defendant has committed a crime of drinking alcohol.