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

[criminal history] On March 30, 2015, the Defendant was issued a summary order that imposes a fine of three million won for a crime of violating the Road Traffic Act (dacting driving) at the Goyang Branch of the Jung-gu District Court on March 30, 2015, and on April 25, 2017, the same court issued a summary order that imposes a fine of five million won for a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts] On September 5, 2018, the Defendant driven a vehicle B with low alcohol level from around 1km to around 437 the same Gu, from the front day of the influent restaurant near the Gangseo-gu Seoul Metropolitan Fire-Fighting Zone to the front day of the same Gu, while under the influence of alcohol level of 0.197% among the blood transfusion around 23:45.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A dispatch manual;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of Acts and subordinate statutes of each summary order;

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

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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, a sentence is imposed as ordered by considering the following factors: (a) the Defendant’s history of drinking alcohol and the alcohol concentration level in blood is significantly 0.2%; and (b) the Defendant’s age, sex, environment, etc. are considered in sentencing conditions.