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 August 23, 2013, the Defendant was sentenced to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on August 23, 201, and a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on May 1, 2017.

On September 8, 2017, around 04:18, the Defendant driven a BM6 car under the influence of alcohol content of 0.117% in blood while under the influence of alcohol from the 3km of the Seoul Mapo-gu Hongdong to the road near the 19-dong, Mapo-gu, Seoul, to the 19-dong, Chungcheongnam-gu, Seoul, the 19-dong, the 19-do, the 19-dong, the 20-dong, the 3km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control, a statement of the situation of a driver driving, and an inquiry of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (with respect to the force of suspect drinking alcohol driving);

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture is that the defendant had been punished twice due to drinking, as stated in the judgment of the court below, and the defendant was found to have been locked in four lanes near the Hewon Reservoir basin in the direction of the river, while driving at the new wall time, so the danger of accident to other drivers cannot be ruled out due to the defendant's stopping, and the previous record of the judgment does not exceed five years. In particular, the defendant was punished on May 1, 2017 by drinking again for a period of not more than four months and less than four months, and it is disadvantageous that the defendant's driving level of drinking does not be less easily.

However, the defendant reflects the crime of this case and is receiving the treatment of gold drinking, and the defendant is driving alcohol.