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 April 28, 2009, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic law (drinking driving), a fine of 2 million won for the same crime at the Seoul Northern District Court on September 6, 2012, and a fine of 2 million won for the same crime at the Seoul Northern District Court on November 16, 2012.

On October 29, 2018, the Defendant was under the influence of alcohol content of 0.082% during blood transfusion around 03:50 on 03:0 on 29.050, and the Defendant driven D Lasta car at the 1km section from the front side of the Seongbuk-gu Seoul Metropolitan Government Sejong Cancer to the 11-ro 26-day, Seongbuk-gu, Seongbuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (2) 2 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 order to attend a lecture and the order to provide community service order under Article 62-2 of the Criminal Act, even though they had been subject to punishment twice due to drinking for the reason of sentencing, again lead to the crime of this case, the vehicle is parked in the alley that is under drinking, the drinking value is relatively low, and the driving distance is short, the support of the wife and two children is short, the vehicle is sold, and the vehicle is not driven by drinking, such as receiving psychological treatment.

consideration, such as any fact in