A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【The Defendant, on March 22, 2013, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court Seo-gu District Court (Seoul District Court) and KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on November 26, 2013. On January 24, 2014, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the same court.

【Criminal fact-finding on May 22, 2018, the Defendant driven CK3 car in the section of approximately 3km from the front side of the Yong-gu University Hospital located in Daegu-gu, Daegu-gu to the 22-west-gu Seogu, Daegu-ro 22-Than, while under the influence of alcohol level of 0.08% during blood transfusion around May 22, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Statement report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other statutes;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant, even though having been punished several times due to drinking driving, has committed the instant crime again, and there is a high possibility of criticism and criticism.

However, the defendant reflects the crime of this case, and the fact that the traffic accident has not occurred due to the driving of drinking of this case and that there is no criminal history exceeding the fine imposed on the defendant, etc. shall be considered as favorable to the defendant.

In this context, the sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, including the alcohol concentration and the distance from operation of alcohol during blood, shall be determined as ordered by considering all the following factors.