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 of the final judgment.

Punishment of the crime

[criminal power] On December 3, 2007, the defendant was issued a summary order of KRW 2 million with a fine of KRW 3 million with a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Gangnam Branch of the Chuncheon District Court, and on February 21, 2008, with a fine of KRW 3 million with a penalty of violating the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court.

【Criminal Facts】

On March 16, 2019, at around 00:30 on March 16, 2019, the Defendant driven a car in F Sti-type under the influence of alcohol content of about 0.135% at a 3km section from the front parking lot in Gangwon-gun B to the front road of the E secondary school in Gangwon-gun D.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and photographs related to crackdown;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

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

1. The punishment as ordered shall be determined by taking into account the following circumstances with the reason of sentencing under Article 62-2 of the Criminal Act, the circumstances leading to the instant crime, and the Defendant’s blood alcohol concentration level at the time of the instant case.

The favorable circumstances: The defendant's mistake is recognized, and the defendant's final criminal punishment is about 10 years prior to the crime of drunk driving.

Unfavorable circumstances: The defendant has been sentenced to a fine on several occasions due to a crime of drunk driving.

The crime of drinking driving is very highly likely to cause danger to life, body, and property of a third party.