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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, at the Daegu District Court on July 18, 2014, is a person who drives drinking at least twice, such as a summary order of KRW 4 million for a crime of violating the Road Traffic Act, and a fine of KRW 5 million issued by the same court on July 10, 2015 due to the same crime, etc.

On December 3, 2017, at around 23:30, the Defendant driven a Category C motor vehicle with approximately KRW 0.138% alcohol concentration in blood, from around 200 meters to around 866-3 “OK Emt” located in Suwon-gu Seoul Metropolitan City, Suwon-dong, Suwon-dong, 860.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on driving under drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the order of community service and the order to attend a lecture, and the fact that the defendant was punished once due to the violation of road traffic law, the fact that the defendant's blood alcohol concentration in the blood of the defendant is higher than 0.138%, the defendant's reflects the fact that there is no criminal conviction exceeding a fine, and the defendant's age, sex behavior, environment, motive for and circumstances after the crime, etc., shall be determined as the same as the order, in consideration of the sentencing conditions indicated in the records.