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

[2] On April 6, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on April 6, 2007, the summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Seoul Western District Court on June 28, 201, and the summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the Ulsan District Court on July 14, 201.

[2] On January 6, 2018, the Defendant driven CM6 car under the influence of alcohol with approximately 0.097% alcohol concentration from approximately 700 meters away from the 700-ro 172-ro 10-ro, Jung-gu, Incheon, Jung-gu, Jung-gu, Seoul, to the front day of the house at home, to the 172-ro 10-ro o, an oil station.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to previous convictions and attachment of such offense) by 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, who had been punished twice or more due to drinking driving, once or more, drives a vehicle, has a record of being sentenced five times as a crime of the same kind of crime, and the Defendant has a high risk of causing harm to another person’s life, body, or property, and thus, it is disadvantageous to the Defendant.

On the other hand, the defendant recognized the crime of this case and erred.