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 November 28, 2011, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic law in the early branch of the Chuncheon District Court on November 28, 201, and on December 24, 2014, the Defendant was sentenced to a suspended sentence of two years for five months for a crime of violating road traffic law (drinking driving).

On September 19, 2017, the Defendant driven a light-based car with approximately 2k alcohol concentration of about 0.135% in the section of approximately 103m from the side of the light-based public parking lot to the 193-party 103 Gyeongnam apartment parking lot at the time of harmony, on September 19, 2017.

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. Inquiries about the results of crackdown on driving alcohol;

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

1. A traffic accident report, an accident scene, and photographs of an accident vehicle;

1. 112 Declarations;

1. Written inquiry about criminal history, etc.;

1. Court rulings and application of summary order statutes; and

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Community Service and Order to Attend Education recognized the Defendant’s mistake while making a confession of the instant crime, and the Defendant did not have any record of being punished for the same kind of traffic crime after around 2014, considering the favorable circumstances for the Defendant. On the other hand, the instant crime was driven by a motor vehicle while under the influence of alcohol with 0.135% of alcohol concentration in multiple bloods even though the Defendant had been punished twice due to driving under the influence of alcohol, and its nature is not good.