A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 9, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on April 26, 2010, issued a summary order of KRW 2.5 million for the same crime at the same court.

On February 5, 2017, the Defendant driven a motor vehicle with alcohol level of 0.152% in blood alcohol level at approximately 300 meters from a Do in front of the same Eup/Myeon, instead of from a Do in front of the Dong/Ri located in the Dong/Ri of Dong-gun, Gyeong-gun, Gyeongnam-gun, Seoul, to the front of the Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the favorable circumstances of the sentencing) (i.e., setting the sentencing guidelines) is that the defendant has the same criminal records.

However, there are favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, and that there is no record of criminal punishment heavier than the defendant.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.