A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 14, 2008, the Defendant was issued a summary order of KRW 500,000 by Seoul Southern District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on November 24 of the same year, a summary order of KRW 4 million was issued by the Seoul Central District Court for the same crime.

【Criminal Facts】

1. On April 10, 2019, the Defendant: (a) around 01:25, the Defendant driven a DNA car under the influence of alcohol with a blood alcohol concentration of 0.084% from the section of about 10km up to the 10km to the horizontal officer’s road located in Heung-gun, Chungcheongnam-gun, Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated his duty not to drive alcohol more than twice, was driving under the influence of alcohol again.

2. The Defendant in violation of the Road Traffic Act is a person who drives another vehicle in a lawsuit as set forth in paragraph (1).

No driver of any motor vehicle shall threaten or endanger any third person or cause any danger to traffic by continuing or repeatedly committing an offense against the central line.

Nevertheless, the Defendant operated the said car at the time and time specified in paragraph (1) and continuously driven the central line from approximately 5km section from the parallel road of Pyeongtaek-gun, Dong-gun, Dong-gun to the Pyeongtaek-gun, Dong-gun, Chungcheongnam-gun, and continuously driven the central line in approximately 5km section, thereby threatening or endangering the driver E, etc. who proceeds in normal operation, or causing danger to traffic.

Summary of Evidence

1. Legal statement of the defendant, report on the circumstances of a drinking driver, report on the control of drinking driving, report on the handling of 112 reported cases, investigation report (related to telephone investigation call reported 112);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the provision applicable to criminal facts; Articles 148-2(1)1 and 44(1) of the same Act (amended by Act No. 16037, Dec. 24