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 June 12, 2014, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act by the Ulsan District Court, and was sentenced to a summary order of five million won for the same crime in the same court on May 7, 2015. On November 20, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Ulsan District Court, and was punished on two or more occasions due to drinking driving by imprisonment with labor for the same crime, etc. at the same court on November 20, 2015.

Nevertheless, on May 5, 2018, the Defendant driven D rocketing car under the influence of alcohol concentration of approximately 0.077% from the 5km section from May 5, 2018 to the roads in front of the building C in the north-gu, Seoul Special Metropolitan City.

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 drinking driving;

1. A previous conviction: A written inquiry, a written inquiry, a report of investigation (related to the same criminal suspect's power) and the application of statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession, reflectivity, and the fact that the amount of punishment for the same kind of crime is not relatively heavy: The sentence imposed on the defendant's age, family relation, circumstances leading to the crime, etc.: 8 months of imprisonment, 2 years of suspended execution, and 2 years of order of observation for the protection: It is so decided as per Disposition on the grounds that the punishment is more favorable than the order of observation for the protection;