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 February 1, 2015, the Defendant received a summary order of KRW 1500,000 from the Chuncheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and from the same court on July 4, 2016 to a fine of KRW 1.5 million for the same crime.

On July 25, 2018, at around 02:58, the Defendant driven C-T-T-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated the Road Traffic Act on the prohibition of drinking alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A survey report on actual condition (1), a survey report on actual condition (2), a photograph related to a traffic accident, and a statement report on the situation of the driver in charge;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to the summary order of the relevant case);

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, such as the protection and observation and the order to provide community service and the order to attend a lecture, is that the Defendant once driving under the influence of alcohol in 2015 and 2 years since he was punished for driving under the influence of alcohol in 2016, the Defendant’s blood alcohol concentration is high, and the Defendant committed a traffic accident in the course of the instant crime, which is disadvantageous to the Defendant.

However, the fact that the Defendant appears to have recognized and reflected the instant crime, and that the Defendant had no record of criminal punishment of suspension of qualification or more severe punishment for traffic-related crimes, etc. were considered as factors for sentencing favorable to the Defendant, and that the Defendant did not have a high alcohol level during blood transfusion at the time of driving the previous drinking.