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

Defendant (B) was sentenced to a summary order of KRW 3 million on October 10, 2007 due to a violation of road traffic law (drinking), etc. In the Gwangju District Court’s Net Branch, on March 28, 2007, Defendant (B) was sentenced to a summary order of KRW 1 million on two or more occasions due to a violation of road traffic law (drinking driving) at the same court on March 28, 2007, and was in violation of the prohibition of drinking regulations on two or more occasions, on October 15, 2017, Defendant (B) operated a motor vehicle under the influence of alcohol level of KRW 0.186% from the front side of the fire station located in the East-dong, Shin-dong, Seoul Special Metropolitan City, around 02:30, to the front side of 309, under the influence of alcohol level of approximately five meters in the direction of alcohol during the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of the inquiry letter, summary order, etc., such as criminal history, and three copies of the Act and subordinate 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment to prevent re-offending shall be determined by taking into account the favorable circumstances such as the defendant's reflects his/her criminal act, Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the fact that there are two-time criminal records of drinking driving, the fact that the defendant's blood alcohol concentration at the time of committing the crime, and other unfavorable circumstances such as the defendant's age, family environment, like the defendant's age, the like career, the interval of time between drinking and the crime of this case, driving distance, and the circumstances after