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 October 8, 2010, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court, on September 13, 2013, a summary order of KRW 2 million for the same crime from the Chungcheong branch of the Chungcheong branch of the Chungcheong branch of the Daejeon District Court, and on December 16, 2016, a summary order of KRW 5 million for the same crime, etc.

【Criminal Facts】

Although the Defendant had been punished for drinking driving more than twice as above, on July 9, 2018, the Defendant driven a CMW320i vehicle on the road near the building in the North Gun, YW320i vehicle while under the influence of alcohol 0.157% of alcohol level around July 9, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal history records, investigation reports (verification of criminal records of the same kind - attachment of summary order), application of three copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the community service order and order to attend a lecture had three times of punishment, the fact that the defendant again committed the crime of this case is disadvantageous, but it is more favorable that the defendant repents his mistake and reflects his mistake.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.