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 March 14, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) at the Goyang Branch of the Jung-gu District Court on March 14, 2016, and on June 7, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts] On March 13, 2018, the Defendant driven BM5 vehicle under the influence of alcohol content 0.063% in blood, from the section of approximately 500 meters from the same as Dong-ri, Do-ri, Do-ri, Sin-si, Papju to the Ham-dong, Haju-si, PM5 vehicle under the influence of alcohol content 0.063%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol even though he had a record of punishment for drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

1. The fact that there are many criminal records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, the relatively short period when driving under influence of alcohol is, etc., which are unfavorable circumstances, the confession of the crime, the fact that the degree of drinking is relatively low, the driving distance is not remote, and the current situation of the defendant's custody, etc. are considered in favorable circumstances, and all of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, are considered. It is decided as per Disposition.