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 November 3, 2008, the Defendant received a summary order of KRW 1,50,000,000 from the Jeju District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000,000 as a fine for the same crime in the same court on February 25, 2016.

On July 12, 2017, the Defendant driven B cargo while under the influence of alcohol content of 0.136% from the blood alcohol level at around 1 0.136% in front of the “Trido 119 Center” in the same Do from the front of the “Trido 119 Center” located in the Jeju-si, Jeju-si, Jeju-do.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of suspect A same record as the suspect A);

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. Reasons for sentencing under Article 62-2 of the Criminal Act: The conditions of various sentencing specified in the argument of the instant case shall be taken into account, in particular, the following circumstances: A favorable circumstance: (a) the degree of reflectivity; and (b) the circumstances that there is no record of crime subject to punishment exceeding a fine due to driving of alcohol: A second offense even if having been already punished twice due to driving of alcohol;