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

[criminal history] On June 1, 2013, the Defendant was issued a summary order of KRW 1.5 million in the Suwon District Court as a crime of violating the Road Traffic Act (dacting driving), and a fine of KRW 5 million in the same court on September 23, 2013, respectively.

[Criminal facts] On September 22, 2017, the Defendant driven Bex Motor Vehicle under the influence of alcohol content of about 0.106% at the section of approximately 1.5km from the blood alcohol level to the front road of the Eup/Myeon in the same city as the Do of the same city from the Do of the same 00:36 on Sep. 22, 2017.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, investigation reports (verification of the history of punishment for drinking driving), and application of summary order 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 fact that there exists a record of being sentenced to two times a fine due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the crime is divided, and consideration of all the factors of sentencing, such as the drinking and drinking driving circumstances, occupation and age, family relationship, etc.;