A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 30, 2009, the Defendant received a fine of KRW 700,000 as a crime of violating road traffic law (drinking driving) from the Busan District Court's Branch on March 30, 2009, and on December 31, 2015, the Seoul Southern District Court received a summary order of KRW 4 million as the same crime.

On December 18, 2017, while the Defendant was under the influence of alcohol level of 0.255% among the blood transfusion around 23:24 on December 18, 2017, the Defendant driven B-learning vehicles within approximately 2 km from the Gangseo-gu Seoul Gero to the 357 airport wale of the same Gangseo-ro, Gangseo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the situation of driving at home, report on detection of a driver at home, and notification of the results of regulating drinking;

1. A written appraisal of alcohol during blood;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force) Acts and subordinate statutes;

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. 사회봉사명령 및 수강명령 형법 제 62조의 2 양형의 이유( 형의 선택, 작량 감경, 집행유예 등) 피고인의 혈 중 알코올 농도가 0.255%로서 도로 교통법이 설정한 단계적 처벌의 최상 위 구간의 하한선을 훌쩍 넘는 점, 피고인에게 음주 운전으로 인한 벌금 전과가 2건 있는데, 피고인은 마지막으로 2015년에 처벌 받고도 약 2년 만에 다시 이 사건으로 음주 운전에 이른 점, 그 밖에 음주 운전의 경위, 범행 후의 정황, 피고인의 나이, 성 행, 환경 등 여러 양형요소 참작.