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 September 13, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act. On October 22, 2013, the same court received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act.

On December 23, 2017, at around 04:54, the Defendant driven B Art 2 while under the influence of alcohol content of about 0.126% from the 2km section of blood, from the street room in front of a mutually unsound restaurant located in the Eunpyeong-gu Seoul Metropolitan Government, to the unification of Eunpyeong-gu, Seoul, the Defendant driven B Art 2 in the state of under the influence of alcohol content of about 0.126%.

As a result, the Defendant again driven a motor vehicle in violation of the prohibition of drinking driving, as a person who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on the same criminal record and four times confirmations of the suspect);

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 favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture: The fact that the offender is divided in depth into the crime and not re-offending the crime, the fact that there is no record of fine or heavier punishment: The fact that there was a record of being sentenced to a fine or heavier punishment: The crime of violating the Road Traffic Act, even though there was a record of being sentenced to a fine one time due to the crime of violating the Road Traffic Act (non-licenseless driving), again, the crime of this case was committed; the defendant's age, sexual behavior, family relationship, and circumstances before and after the crime, etc., and the sentencing conditions as shown in the theory of changes are considered.