A defendant shall be punished by imprisonment for not less than eight 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 September 27, 2013, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the District Court of Jung-gu on September 27, 2013. On July 13, 2016, the Defendant was notified of a summary order of three million won by the District Court of Jung-gu on July 13, 2016.

Although the Defendant violated Article 44(1) of the Road Traffic Act two or more times, around April 11, 2019, at around 21:38, the Defendant driven a B Sstoke car under the influence of alcohol content of about 0.058% from the 6km section from Gwangjin-gu, Seoul Special Metropolitan City to the front day of the 8toppular road from the Gu-gu, Seoul Special Metropolitan City to the end of the 8topular road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content of 0.058%, driven a car at approximately 7 km.

Defendant has been punished for each of the crimes of violation of the Road Traffic Act around 2013 and around 2016.

The Defendant was punished for a suspended sentence due to the violation of the Road Traffic Act (driving) around 2013, but was charged with forging private documents, etc.; the blood alcohol concentration in the instant case was 0.05% higher; and the Defendant did not repeat the instant case while disposing of a vehicle.