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 December 8, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on December 8, 2008 and a summary order of KRW 7 million for the same crime at the same court on December 8, 2014.

[2] In the indictment on April 28, 2018, the Defendant stated the date and time of the crime as “No. 8, 2018.” However, according to the evidence submitted, the date and time of the instant crime is obviously “No. 28, 2018.” The Defendant corrected it ex officio.

When changing the date and time of crime, it could affect the defendant's exercise of his right to defense, but in this case where the defendant confessions the whole criminal facts, it seems that there is no particular disadvantage in exercising the defendant's right to defense.

around 01:02 Hamna car was driven at approximately 300 meters away from the road before the marth of the trade infinite-Eup water at Yangsan-si to the road before the third apartment house in Finsan-si, with alcohol content of about 0.122% under the influence of alcohol.

Accordingly, the Defendant, who violated the Road Traffic Act more than twice due to drinking driving, was driving the said car in a drunken state.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge), and inquiry of the results of crackdown on drinking driving (Evidence No. 16);

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (verification of the same type 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. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances specified in the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances specified in the grounds for sentencing shall be considered):

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

1. The conditions favorable to the defendant shall be as follows:

We depth their crimes.