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

[criminal history] On February 18, 2009, the Defendant was sentenced to a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on February 18, 2009, and to a suspended sentence of six months for the same crime in the Daegu District Court resident support on March 10, 2015.

[Criminal facts] On May 13, 2018, around 08:04, the Defendant driven an E rocketing car under the influence of alcohol concentration of about 0.106% in the direction of “Last Tool” located on the expressway located on the highway located on the highway in the front of the dwelling area located in Yacheon-gun, Yacheon-gun, Chungcheongnam-si, Chungcheongnam-si, the petition, and the front of the road located on the highway located on the highway located on the road located in Yacheon-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, notification of the results of crackdown on driving a drinking, inquiry into the results of crackdown on driving a drinking, and details of crackdown;

1. Investigation report (No. 7 No. 5 of the evidence list);

1. Photographs of a driver;

1. Previous convictions in judgment: Application of the provisions of Part III, such as a reply to inquiry, investigation report (Evidence List No. 20), and text of judgment, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the defendant has committed several times of drinking, and the degree of alcohol concentration in blood in this case is considerably high, and the place where a person drives drinking is an expressway and the state of drinking is also long, etc. shall be considered disadvantageous to the defendant.

However, considering the favorable circumstances, such as the fact that the defendant recognizes and reflects the crime, the drinking on the preceding day, the following day, and the fact that it appears to be frank, and that the driver will drive the vehicle.

In addition, the defendant's age, family relations, and the frequency of driving under the influence of alcohol is the same as before.