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

[criminal history] On March 27, 2009, the Defendant received a summary order of KRW 700,000,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 9, 201, a fine of KRW 2 million for the same crime at the Seoul East East District Court on December 9, 201, and a fine of KRW 5 million for the same crime at the same court on November 22, 2013, respectively.

[Criminal facts] On June 1, 2018, the Defendant driven BMW 520d car under the influence of alcohol level of about 0.161% at a distance of about 100 meters from the 100 meters to the roads of the same low-speed middle school, where it is difficult to find out the trade name located in the Dongsan-dong, Seosan-gu, U.S.-dong, U.S.-dong.-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation report);

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 defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, has already been punished three times due to drinking driving prior to the crime of this case, even though he had had a record of being punished by a fine, he again committed the same kind of crime without being aware of it.

It is necessary to punish defendants who repeat the same mistake more strictly.

Of the blood of this case, the alcohol concentration level is also high.

In addition, considering the circumstances after the crime of this case, such as the background of the crime, the distance of drinking driving, the non-cooperative attitude after the detection, etc., the defendant's age, sexual behavior, living environment, etc., and the various circumstances shown in the records and theories of the change, the punishment as ordered shall be determined.