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 August 28, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court on August 28, 2008, and on November 14, 2013, the Defendant was sentenced to imprisonment with labor for the same crime at the Incheon District Court on November 14, 2013 and was sentenced to a suspended sentence

On September 16, 2017, the Defendant driven a B-hand car with alcohol content of 0.093% at a section of about 500 meters from a mutual influent restaurant to the front day of the same Eup/Myeon from the 69th day of the same Eup/Myeon in the direction of the Defendant, at around 21:00 on September 16, 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. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, 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. 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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking into account the following circumstances, Defendant’s age, family relation, sex, environment, motive and background of a crime, means and method of a crime, and the circumstances after a crime, etc., the punishment as ordered shall be determined.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant’s blood alcohol concentration is not high; the Defendant did not cause other damage, such as traffic accidents; and the Defendant did not have any history of being subject to any particular criminal punishment after around 2013.

In this case, the Defendant was punished twice due to drinking.