A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 2 million on January 16, 200 in the Changwon District Court’s Tonggwon Branch on the charge of violating the Road Traffic Act (driving alcohol), and the summary order of KRW 3 million on October 17, 201 in the Changwon District Court’s Msan Branch on the same crime, respectively.

[Criminal facts]

1. On April 11, 2017, the Defendant, at around 00:14, driven a B-learning car under the influence of alcohol with approximately 0.065% alcohol concentration in the section of about 1km from the front of the bendon, which is located in the erode drawing of the light drawing at the time of driving on April 11, 2017 to the front of the erode in the same Ri.

2. On May 14, 2017, the Defendant violated the Road Traffic Act (drinking) on May 14, 2017, the Defendant driven a B-learning car under the influence of alcohol with a maximum of about 0.081% alcohol concentration in the section of approximately 1km from the front road of the non-exclusive station located in the light-based breath drawing at the time of running through a road around May 14, 2017 to the front road of the Tong Young Employment Center located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver who is a driving driver, inquiry of the results of crackdown on drinking driving, and arrest report of the case;

1. Records of judgment: Application of the details of inquiries about management of a master report, inquiry letter, criminal history, etc., and the Acts and subordinate statutes to make an investigation report (verification of the records subject to punishment twice or more due to driving under drinking);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Code of the Order of Education and the Order of Community Service has the record of being punished five times due to drinking since 2002, including the record of the judgment of the defendant, and the recidivism of drinking in a month when the driving of drinking was controlled by drinking, and the defendant's age, sex, environment, motive and background of the crime, and after the crime.