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

On April 20, 201, the Defendant was sentenced to a summary order of a fine of 3.5 million won for a crime of violating the Road Traffic Act at the source of a water source method, and was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act at the source of a water source method on April 18, 2013.

On April 13, 2017, the Defendant driven a C-e-mail vehicle under the influence of alcohol with approximately 800 meters alcohol concentration from the section of approximately 0.160m to the GIC road located in the same Dong-dong from the influent land (hereinafter referred to as the “C-e-mail”), which is around 22:50 on April 13, 2017, when the Defendant was under the influence of alcohol by 0.160%.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (formers and confirmations), and application of the text of the judgment;

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

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the following circumstances and the Defendant’s age, family relation, sex, environment, motive and circumstance of a crime, means and method of a crime, and the circumstances after a crime, etc., the punishment as ordered shall be determined by comprehensively taking into account:

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, and the Defendant appears to have committed the instant crime because of the circumstances, such as telephoneing three times to the substitute driving company at the time of the instant case, but not allocating the substitute driving engineer, etc., and the Defendant is considered to have committed the instant crime.