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 March 14, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving), and on November 3, 2014, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court Branch Branch of the Incheon District Court. On April 22, 2015, the Defendant was sentenced to a suspended sentence of one year for six-month imprisonment with labor due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court.

[2] On May 21, 2018, the Defendant driven a radar car under the influence of alcohol of about 300 meters in a 0.059% in alcohol concentration in the blood, on the road near the Seocheon-si University located in Seocheon-si, Seocheon-do.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the order to attend a lecture or the order to provide community service needs to be strictly punished in light of the danger of drinking driving, the fact that there are three favorable circumstances for the same crime (two times a punishment penalty, two times a suspended sentence, one time a suspended sentence): The fact that the driving of the instant drinking did not cause a traffic accident while driving the instant drinking, and the fact that the traffic accident was not caused, such as the motive and circumstance of the crime, blood alcohol concentration, driving distance, and the circumstances after the crime, etc., shall be determined as ordered by taking into account the various factors of sentencing as indicated in the records and changes.