A defendant shall be punished by imprisonment 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

[criminal history] On December 10, 2009, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with prison labor for a violation of road traffic law (drinking driving), etc. at the Chuncheon District Court, and on July 26, 2012, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of road traffic law (drinking driving).

[2] On July 9, 2018, the Defendant driven BM3 motor vehicles under the influence of alcohol content of approximately 0.155% in the 2km section from around 02:15 to around 02:10, 442-10, 143, 145, and 0.15% in alcohol content in the blood.

As a result, the defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Inquiries about criminal history and the application of Acts and subordinate statutes of the reporting of investigation (same species of force);

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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the Defendant’s two times of punishment for the same crime as indicated in its reasoning, and the Defendant was also likely to infringe on traffic safety by raising the alcohol concentration in the blood of this case.

However, the same records are crimes before five years, and the defendant does not commit a second offense.

In addition, the sentencing conditions shall be determined as ordered by considering the defendant's age, sex, environment, health conditions, and circumstances after the crime.