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 February 15, 2007, the Defendant issued a summary order of KRW 2 million for a violation of road traffic law at the Suwon District Court’s Suwon District Court’s Eunpyeong District Court’s branch on November 11, 2010, a summary order of KRW 5 million for a violation of road traffic law (dacting driving). On August 19, 2015, the Defendant was sentenced to a fine of KRW 10 million for a violation of road traffic law (dacting driving) at the Seocheon District Court’s Gangseo Branch branch branch on August 19, 2015.

[ 범죄사실] 피고인은 2018. 2. 18. 22:00 경 영주시 휴천동에 있는 BMW 주점 앞 노상부터 경북 봉화군 춘양면 의 양리에 있는 봄볕 카페 부근 도로까지 약 40km 구간에서 혈 중 알코올 농도 0.101% 의 술에 취한 상태로 B 에 쿠스 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions: Application of Acts and subordinate statutes of inquiry letter, such as criminal history, (A) and investigation report (report attached to a copy of the previous judgment)

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is likely to repeatedly criticize the same crime despite the fact that he/she had been punished five times from around 2005 to around 2015 by a fine due to drinking, even though he/she had served five times.

Provided, That there is no record of punishment of heavier punishment than a fine due to driving of drinking.

At all times, the instant crime did not cause a traffic accident.

The defendant shows his attitude to reflect his wrongs, and disposes of the vehicle and does not repeat the vehicle.

In addition, the defendant's age, sex, environment, circumstances of crime, and circumstances after crime are shown in the trial process.