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 July 9, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and on January 25, 2013, to a suspended sentence of 6 months for a crime of violating the Road Traffic Act.

On April 29, 2017, the Defendant driven C cargo vehicle while under the influence of alcohol with approximately 0.111% alcohol concentration from the 17km section of approximately 17km in Dongdaemun-ro, Dongdaemun-gu, Seoul to the 334-ro, Dongdaemun-gu.

As a result, the defendant driven a motor vehicle under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Taking into account the circumstances, such as the fact that an order to attend a lecture or an order to provide community service has been served several times of punishment due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, but again, the crime of this case was committed after returning home after drinking the previous drinking, but there are circumstances to take into account the driving circumstances of drinking, such as the fact that the previous drinking was prevented due to the lack of drinking, and the fact that