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

On December 27, 2011, the Defendant issued a summary order of a fine of KRW 5 million to a crime of violating the Road Traffic Act at the Incheon District Court on December 27, 201, and on July 15, 2015, the Defendant issued a summary order of KRW 8 million to a fine of KRW 1 million to the same crime.

On August 26, 2017, the Defendant driven a D car under the influence of alcohol with 0.226% alcohol concentration in blood from around 20:58 to 3-6, an administrative document of 1:3-6, Nannam Eup/Myeon in the same city as the trade convenience store located in the Republic of Korea at around 20:58 on August 26, 2017.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Consent to blood collection and written confirmation;

1. A written appraisal of alcohol among bloods;

1. A report on the detection of a primary driver;

1. Written inquiry about criminal history, etc.;

1. Investigation report (a summary order accompanied), application of the text of the judgment, and application of the statutes related to the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, the Defendant did not cause damage to traffic accidents, etc., the Defendant disposed of the vehicle, and endeavored to prevent recidivism by receiving treatment after undergoing a diagnosis on the abuse of alcohol, etc., the Defendant did not have any record of punishment exceeding a fine, and the Defendant must support the Defendant.