A defendant shall be punished by imprisonment for not more than ten 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 December 11, 2009, the Defendant had a record of being sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the District Court of Jung-gu on December 11, 200, and a fine of KRW 5 million for the same crime at the same court on April 3, 2013.

On July 21, 2017, the Defendant driven a D Pool car under the influence of alcohol content of 0.243% while under the influence of alcohol in front of “C” in Chuncheon City B, 15:45.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, inquiry about the results of crackdown on drinking driving, and response to requests for appraisal;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of a small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the accused’s confession of the instant crime and the fact that the Defendant appears to repent, are the factors for sentencing favorable to the Defendant.

On the other hand, even before the crime of this case was committed, the defendant had been punished twice due to drinking driving, and repeated driving of drinking, the driving of drinking is likely to criticize not only the driver but also the other person's life, and the fact that alcohol concentration in blood is high, etc. are disadvantageous to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.