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 January 18, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million from the Seoul Western District Court on December 7, 2012, which issued a fine of KRW 4 million at the Seoul Western District Court on December 7, 2012.

[2] On July 24, 2017, at around 02:30, the Defendant driven Bsch Rexn car under the influence of alcohol concentration of about 20 meters in the section of about 0.166% from the day before the “AK Emp Shes” located in Sungnam-si, Sungnam-si, to the day before 220 days prior to the same Gu sperm day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of traffic accidents, reporting on the situation of driving at home, and drinking stickers;

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 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. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

Although the defendant was punished for drinking driving, he/she again causes a traffic accident in which he/she was able to drive the dice again, and his/her blood alcohol concentration is relatively high, and such crime is very heavy in light of the fact that the amount of alcohol concentration is relatively high.

However, other factors of sentencing, such as the defendant's age, environment, sexual conduct, motive and means of a crime, circumstances after a crime, etc., such as the fact that the defendant is against himself or herself, and the fact that there is no criminal record exceeding the fine, etc., shall be comprehensively considered, and the sentence shall be determined as ordered.