A defendant shall be punished by imprisonment for not less than eight 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

On May 7, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 7, 2012, and a person who was sentenced to a summary order of KRW 1.5 million for the same crime at the Jung-gu District Court on November 21, 2013 and was sentenced to a fine of KRW 1.5 million for a drunk driving on two occasions.

On March 9, 2019, at around 21:50, the Defendant driven an E-high-est motor vehicle while under the influence of alcohol content of about 0.081% in the 1km section from the front of the C cafeteria located in the Gu-si B to the front of the same D apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and report on the status of running a driving on the drinking house;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.081%, driven a car at about 1 km under the influence of alcohol.

The defendant has been punished as a crime of violation of the Road Traffic Act (driving) after the lapse of 2012 and around 2013, and around 2014, the defendant has been punished as a crime of violation of the Road Traffic Act (Free Driver's License).

In light of the previous criminal records of these defendants, the defendant will be punished by imprisonment.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.