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 September 21, 2012, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating Road Traffic Act (drinking driving) at the Seoul Eastern District Court on September 21, 2012, and a fine of KRW 3 million for the same crime at the same court on July 20, 2016.

[Criminal facts] On May 20, 2018, the Defendant driven B rocketing vehicles under the influence of alcohol content of 0.057% during blood in the 1km section from Samdong High School in Songpa-gu, Seoul to 513 Gamcheon-dong, Songpa-gu, Seoul at around 09:53 on May 20, 2018.

As a result, the Defendant was punished for a violation of the Road Traffic Act at least twice, and driving a vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to previous judgments attached thereto);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the defendant was subject to the criminal disposition due to drinking driving twice, the defendant driving the following day after drinking the preceding drinking, its numerical value is not high, the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., and the sentence like the above order shall be determined by comprehensively taking account of the following factors in the records.