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 February 16, 2011, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Young-gu District Court (Seoul District Court), and on October 26, 2012, issued a summary order of KRW 5 million as the same crime in the same court.

On January 2, 2018, around 21:35, the Defendant driven a B-do motor vehicle under the influence of alcohol concentration of approximately 0.175% from the 40km section to the southwest-Eup located in the same Gunn-do.

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 under drinking, report on the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and inquiry into the following:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: The defendant's past records of being fined three times due to drinking, but again led to the crime of this case, and the defendant's distance is considerably long: Consideration, such as the fact that the defendant recognized all of the crimes of this case, and the defendant repents and reflects his mistake.