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

[criminal history] On August 13, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Support, which was issued a fine of KRW 7 million by the same court on December 16, 2013.

[criminal record] On July 20, 2018, the Defendant driven a B rocketing car with approximately 500 meters alcohol concentration at the section of approximately 0.244% under the influence of alcohol, from the 23:20-round on July 20, 2018 to the front road of the 4760-round the 47.760-round water slope.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be selected, taking into account the power of drinking and non-licensed driving over a period of eight months of imprisonment, and two years of probation.

However, the small amount shall be reduced by taking into consideration the favorable circumstances, such as the fact that the defendant is led to confession, and the fact that there is no criminal history exceeding the fine.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be comprehensively determined and the execution of the punishment shall be suspended.