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

【The Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on July 7, 2006. On August 29, 2014, the Seoul Southern District Court received a summary order of KRW 4 million for the same crime.

【Criminal fact-finding on August 31, 2018, while under the influence of alcohol content of 0.07:28% at around the blood, the Defendant driven DMW 320d motor vehicles from the Seongbuk-gu 2km to 73 km-ro, Seongbuk-gu, Seoul, Seongbuk-gu, the Do near the Defendant’s residence in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 Social Service Order and Article 62-2 of the Social Service Order has already been punished for driving under drinking twice, and the driving of the instant drinking is subject to criticism, and the Defendant is obliged to choose imprisonment with prison labor for traffic offenders punished for driving without a license, etc. on several occasions.

However, after returning home through a proxy engineer, the defendant was forced to suspend the execution after lowering the lower limit of the term of punishment by taking into account the favorable circumstances that are favorable to the defendant, such as the fact that the defendant was under the influence of drinking and was under the influence of drinking, and that he was under the influence of drinking, and that the amount of alcohol concentration in blood was not relatively high, and that the last record of drinking was before about four years, etc.

In order to prevent recidivism, the defendant should be protected and observed and community service order was also issued, and the defendant's age, sex, and crime of this case was committed.